UNITED STATES v. DELAPLANE

Nos. 84-1312, 84-1796 and 84-1798.

778 F.2d 570 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Deborah DELAPLANE, Paul Mosher and Michael O'Brien, Defendants/Appellants.

United States Court of Appeals, Tenth Circuit.

December 2, 1985.


Attorney(s) appearing for the Case

Bruce F. Black (Robert N. Miller, U.S. Atty., with him on brief), Asst. U.S. Atty., Denver, Colo., for plaintiff/appellee.

Joseph Saint-Veltri, Denver, Colo., for defendant/appellant Delaplane.

Steven Janiszewski (Rod W. Snow, with him on briefs), of Dixon & Snow, P.C., Denver, Colo., for defendants/appellants Michael O'Brien and Paul Mosher.

Before BARRETT and SEYMOUR, Circuit Judges, and GREENE, District Judge.


BARRETT, Circuit Judge.

These consolidated appeals are before us in accordance with Fed.Rules Cr.Proc. rule 11(b), 18 U.S.C. Under Rule 11(b), a defendant "may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment, to review of the adverse determination of any specified pre-trial motion." Rule 11(b) also provides that if "the defendant prevails on appeal, he shall be allowed to withdraw his plea."

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