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U.S. v. RUIZ

No. 99-10224.

229 F.3d 1240 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Gabriel RUIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2000

Attorney(s) appearing for the Case

John F. Garland, Fresno, California, for the defendant-appellant.

Kevin P. Rooney, Assistant U.S. Attorney, Fresno, California, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, MICHAEL DALY HAWKINS, and RAYMOND C. FISHER, Circuit Judges.

Argued and Submitted June 12, 2000 — Sacramento, California

MICHAEL DALY HAWKINS, Circuit Judge:

We must decide whether Rule 32(e) of the Federal Rules of Criminal Procedure requires a defendant seeking to withdraw a guilty plea on account of newly-discovered exculpatory evidence to show a "fair and just" reason for withdrawal, or whether the higher standard of "manifest injustice" must be met.

Juan Gabriel Ruiz ("Ruiz") appeals the entry of...

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