UNITED STATES v. GARRETT

No. 81-1521.

680 F.2d 64 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan GARRETT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1982.


Attorney(s) appearing for the Case

Philip A. DeMassa, San Diego, Cal., for defendant-appellant.

John C. Merkel, U. S. Atty., F. J. Diskin, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, SKOPIL and ALARCON, Circuit Judges.


ALARCON, Circuit Judge:

Jonathan Garrett appeals from the denial of his motion to withdraw a guilty plea pursuant to Fed.R.Crim.P. 32(d). A hearing was held before Judge McGovern on August 20, 1981. The court denied the motion after testimony was taken and counsel had argued. Garrett was sentenced to custody for five years, fined $15,000 and received a special parole term of five years.

The sole question on appeal from a denial of a pre-sentence motion to...

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