UNITED STATES v. DICESARE

Nos. 84-5013, 84-5021 and 84-5056.

765 F.2d 890 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Dario DICESARE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kathleen FLANNERY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jose MARIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1985.


Attorney(s) appearing for the Case

Christine W.S. Byrd, Los Angeles, Cal., for plaintiff-appellee.

Stanley I. Greenberg, Los Angeles, Cal., Manuel Araujo, Santa Ana, Cal., for defendant-appellant.

Before GOODWIN, WALLACE, and REINHARDT, Circuit Judges.


WALLACE, Circuit Judge:

DiCesare and Flannery appeal their convictions entered after conditional guilty pleas under rule 11(a)(2), Fed.R.Crim.P. Marin appeals his conviction after a jury trial. We have jurisdiction under 28 U.S.C. § 1291. We affirm DiCesare's conviction, but vacate Flannery's conviction and remand for an evidentiary hearing. We vacate Marin's conviction and remand for a new trial.

I

In January 1983, the government began investigating...

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