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UNITED STATES v. HARRIS

No. 75-2956.

534 F.2d 141 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Walter HARRIS, Sr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 16, 1976.

Attorney(s) appearing for the Case

Victor Sherman, Beverly Hills, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and JAMESON, District Judge.

OPINION

KOELSCH, Circuit Judge:

After entering a plea of guilty on one of several counts pursuant to a plea bargain under which the remainder were dismissed and after being sentenced, Harris made a motion under F.R.Crim.P. 32(d) to set aside the judgment, and withdraw the plea. The district court denied the motion, and Harris appeals. We reverse.

The substance of Harris' contention is that the "manifest injustice" standard of Rule 32(d) is satisfied...

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