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UNITED STATES v. OSIF

No. 85-1223.

789 F.2d 1404 (1986)

UNITED STATES of America, Plaintiff/Appellee, v. John OSIF, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 20, 1986.

Attorney(s) appearing for the Case

Roger Dokken, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff/appellee.

Bruce Feder, Phoenix, Ariz., for defendant/appellant.

Before WALLACE, FARRIS and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

John Osif appeals his conviction for second degree murder pursuant to a plea agreement that provided for a fifteen year sentence. Before this plea, Osif was tried and convicted of first degree murder. On appeal his conviction was reversed, 753 F.2d 1085. Prior to the initial trial, the government offered Osif a plea agreement with a ten year sentence for second degree murder which Osif rejected. Osif claims he is now entitled to the ten year...

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