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UNITED STATES v. ERLENBORN

No. 73-1307.

483 F.2d 165 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Peter ERLENBORN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 13, 1973.

Attorney(s) appearing for the Case

George S. L. Dunlop (argued), San Francisco, Cal., for defendant-appellant.

F. Steele Langford, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., Paul J. Fitzpatrick, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and WRIGHT, Circuit Judges, and SMITH, District Judge.

OPINION

DUNIWAY, Circuit Judge:

On November 13, 1972, Erlenborn pled guilty to a charge of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). On December 22, 1972, the date set for sentencing, Erlenborn moved in open court under Rule 32(d) F.R. Crim.P. to withdraw his guilty plea, and for an evidentiary hearing on the motion. The court denied these motions, and sentenced Erlenborn. He appeals and we...

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