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UNITED STATES v. MORGAN

No. 72-1639.

567 F.2d 479 (1977)

UNITED STATES of America v. Gilbert M. MORGAN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied September 21, 1977.

Attorney(s) appearing for the Case

Samuel J. Lanahan, Patricia D. Douglass and Herbert M. Silverberg, Washington, D. C., were on the brief, for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry and Hamilton P. Fox, III, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before BAZELON, Chief Judge, WRIGHT, Circuit Judge and VAN PELT, Senior United States District Judge for the District of Nebraska.

Opinion for the Court filed by Chief Judge BAZELON.

Dissenting Opinion filed by Senior District Judge VAN PELT.

Rehearing En Banc Denied September 21, 1977.

BAZELON, Chief Judge.

This case first reached this court in 1972 when appellant Morgan appealed from the trial court's denial of his motion to withdraw his guilty pleas. Finding the record inadequate for proper consideration of the district court's decision, we remanded the record for a...

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