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UNITED STATES v. STRAUSS

No. 76-1957.

563 F.2d 127 (1977)

UNITED STATES of America, Appellee, v. Michael A. STRAUSS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Roger E. Zuckerman, Washington, D. C. (Harry P. Hart, Alexandria, Va., on brief), for appellant.

Mervyn Hamburg, Atty. U.S. Dept. of Justice, Washington, D. C. (William B. Cummings, U. S. Atty., Alexandria, Va., Judith Ann Denny, Atty. U.S. Dept. of Justice, Washington, D. C., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and ALEXANDER HARVEY, II, District Judge, United States District Court for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

Michael A. Strauss assigns error to the district court's refusal to allow him, before sentencing, to withdraw a plea of guilty to charges of mail fraud and conspiracy to commit mail fraud. He contends that circumstances surrounding the entry of his plea constitute a fair and just reason for permitting him to withdraw it under Federal Rule of Criminal Procedure 32(d)1, and that the government has shown no prejudice...

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