U.S. v. TOOTHMAN

No. 97-50048.

137 F.3d 1393 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Frederick L. TOOTHMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.


Attorney(s) appearing for the Case

Charles M. Sevilla, Cleary & Sevilla, San Diego, CA, for Defendant-Appellant.

Edward C. Weiner, Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: LAY, GOODWIN and SCHROEDER, Circuit Judges.


LAY, Circuit Judge:

As a result of a plea bargain with the United States, Frederick L. Toothman pleaded guilty to a misdemeanor civil rights violation and to seven felony bribery violations. Toothman appeals, challenging the district court's application of the federal sentencing guidelines. Alternatively, he appeals the denial of his motion to withdraw his guilty plea to the misdemeanor civil rights violation. We reverse. We vacate the conviction and sentence. We...

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