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U.S. v. MALAVE

No. 93-2579.

22 F.3d 145 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Frank MALAVE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 1994.

Attorney(s) appearing for the Case

William J. Lipscomb, Office of the U.S. Atty., Milwaukee, WI, for plaintiff-appellee.

Michael J. Fitzgerald, Coffey, Coffey & Geraghty, Milwaukee, WI, for defendant-appellant.

Before CUMMINGS, ESCHBACH and FLAUM, Circuit Judges.

CUMMINGS, Circuit Judge.

After having pled guilty to the charge of conspiracy to distribute a controlled substance, defendant Frank Malave ("Malave") made a motion to withdraw his plea. The district court denied the motion and Malave now appeals.

Background

On the day of his trial in January 1993, without having secured a plea bargain, Malave pled guilty to the charge of conspiracy to distribute in excess of five kilograms of cocaine, a violation...

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