UNITED STATES v. RUSSELL

No. 81-2144.

686 F.2d 35 (1982)

UNITED STATES of America v. Paul A. RUSSELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 31, 1982.


Attorney(s) appearing for the Case

Walter Blair, of the bar of the Court of Appeals of the State of West Virginia, pro hac vice by special leave of the Court, with whom Mercer Gordon Anderson, Washington, D. C., was on the brief, for appellant.

Roberto Iraola, student counsel, with whom Stanley S. Harris, U. S. Atty., John A. Terry, Douglas J. Behr and Catherine R. Mack, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Michael W. Farrell and John R. Fisher, Asst. U. S. Attys., Washington, D. C., also entered appearances for appellee.

Before WRIGHT and MIKVA, Circuit Judges, and William J. JAMESON, Senior District Judge for the District of Montana.


Opinion for the Court filed by Circuit Judge MIKVA.

Opinion concurring in part and dissenting in part filed by Senior District Judge JAMESON.

MIKVA, Circuit Judge:

The defendant, a resident alien, entered a guilty plea after negotiations with the United States Attorney. When deportation proceedings based on the resulting conviction were later initiated against the defendant, he moved under Fed.R.Crim.P. 32(d) to withdraw the plea. The district court...

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