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UNITED STATES v. MYERS

No. 71-1083.

451 F.2d 402 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Donald P. MYERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Richard L. Jaeger, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Asst. U. S. Atty. & Chief, Criminal Div., Los Angeles, Cal., for plaintiff-appellant.

David Kenner (argued), Van Nuys, Cal., for defendant-appellee.

Before MERRILL, BROWNING, and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

The Government appeals from an order of the district court, D.C., 319 F.Supp. 326, setting aside Myers' 1963 guilty plea on the ground that the plea was invalid under Rule 11 of the Federal Rules of Criminal Procedure.

At the time Myers pleaded guilty to the federal charges and was sentenced, he was in the custody of the State of California, awaiting trial on two different state charges. After...

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