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UNITED STATES v. McGAHEY

No. 71-1814.

449 F.2d 738 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Rodman McGAHEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 4, 1971.

Attorney(s) appearing for the Case

William Brockett, San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., John R. Neece, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before KOELSCH, CARTER and CHOY, Circuit Judges.

PER CURIAM:

McGahey appeals from a denial by the District Court of his motion after imposition of sentence to withdraw his plea of guilty to five counts of mail fraud in violation of 18 U.S.C. § 1341. The motion is based on Rule 32(d), Federal Rules of Criminal Procedure.* An evidentiary hearing was held by the District Court which held that appellant's contentions were not supported by the facts developed. He asserts that his plea...

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