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ORNER v. UNITED STATES

No. 78-1236.

578 F.2d 1276 (1978)

LaVoy Rexford ORNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Donald G. Thompson, of Bauer, Galter & Geier, Lincoln, Neb., for appellant; Paul G. Galter, Lincoln, Neb., on brief.

Richard J. Nolan, Asst. U. S. Atty., Lincoln, Neb., for appellee; Edward G. Warin, U. S. Atty., Omaha, Neb., on brief.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

GIBSON, Chief Judge.

This is another of an increasing number of cases in which a criminal defendant, dissatisfied with the sentence rendered after a plea of guilty, sought to vacate the sentence and withdraw his guilty plea. Defendant LaVoy Rexford Orner pled guilty in the United States District Court for the District of Nebraska1 to two counts of a twelve-count indictment charging him, along with his wife and others, with devising a scheme...

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