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U.S. v. GAERTNER

No. 78-1574.

593 F.2d 775 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas D. GAERTNER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1979.

Opinion March 9, 1979.

Rehearing Denied March 28, 1979.

Attorney(s) appearing for the Case

D. Michael Guerin, Milwaukee, Wis., for defendant-appellant.

Joseph P. Stadtmueller, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before SPRECHER, BAUER and WOOD, Circuit Judges.

PER CURIAM.

Defendant-appellant, Thomas D. Gaertner, appeals from an order of the district court denying his motion for arrest of judgment and withdrawal of his plea of nolo contendere to one count of tax evasion. The sole issue on appeal is whether the failure of the trial court to adopt the sentence recommended by the government pursuant to a plea agreement constitutes a rejection of the plea agreement under Rule 11, Federal Rules of Criminal Procedure, and...

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