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UNITED STATES v. ROBERTS

No. 76-1668.

570 F.2d 999 (1977)

UNITED STATES of America v. Winfield L. ROBERTS, a/k/a Win, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Roger E. Zuckerman, Washington, D. C., with whom Allan M. Palmer, Washington, D. C., was on the brief, for appellant.

Steven Gordon, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Joseph F. McSorley and Larry C. Willey, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before WRIGHT, ROBINSON and MacKINNON, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

Following a guilty plea, entered pursuant to an agreement with the Government, appellant Roberts was adjudged convicted of the crime of conspiracy. A week later, when the United States Attorney filed a strongly hostile presentencing memorandum, Roberts contended that the memorandum violated the plea agreement and moved to withdraw his plea. This motion was denied and he was...

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