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UNITED STATES v. MAGGIO

No. 74-2629.

514 F.2d 80 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph J. MAGGIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 13, 1975.

Attorney(s) appearing for the Case

Carl M. Walsh, Chicago, Ill., for defendant-appellant.

Ira Dement, U.S. Atty., D. Broward Segrest, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before GOLDBERG and RONEY, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied August 13, 1975.

RONEY, Circuit Judge:

Choosing to forego his right to a jury trial, Maggio pled guilty to one count of an eight count mail fraud indictment. After he was sentenced to two years incarceration, he moved to vacate his guilty plea alleging that the plea was involuntary, and that the district court failed to comply with Rule 11, F.R. Crim.P., and with the mandate of...

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