OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
This appeal challenges a March 23, 1972, district court order denying a defendant's application to withdraw his September 13, 1972, plea of nolo contendere to two counts of an indictment, which the district court treated as a request to set aside the judgment of conviction and to permit the defendant to withdraw his plea under F.R.Crim.P. 32 (d).
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