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U.S. v. RIOS-ORTIZ

No. 86-5340.

830 F.2d 1067 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon RIOS-ORTIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Marilyn Butler, Los Angeles, Cal., for defendant-appellant.

Brian Hennigan, Los Angeles, Cal., for plaintiff-appellee.

Before SCHROEDER, NELSON and NORRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

Appellant Ramon Rios-Ortiz pleaded guilty and was convicted of assaulting a border patrol officer. Following the plea, but before final sentencing, he moved to withdraw the plea pursuant to Federal Rule of Criminal Procedure 32(d), stating that he had changed his mind and wished to go to trial on a theory of self-defense. The district court denied the motion and Rios-Ortiz appeals.

Under Rule 32(d) of the Federal Rules of Criminal...

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