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UNITED STATES v. GANDIA-MAYSONET

No. 98-1144.

227 F.3d 1 (2000)

UNITED STATES of America, Appellee, v. Daniel GANDIA-MAYSONET, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 13, 2000.

Attorney(s) appearing for the Case

Alexander Zeno, by appointment of the court, for appellant.

Camille Velez-Rive, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Jorge E. Vega-Pacheco, Assistant United States Attorney, Chief, Criminal Division, were on brief for the United States.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

Daniel Gandia-Maysonet was convicted upon a plea of guilty to one count of carjacking, 18 U.S.C. § 2119 (1994), and one count of using a firearm in connection with that crime, 18 U.S.C. § 924(c)(1) (1994). On this appeal he seeks to set aside his plea. Because no trial has been held, there is no definitive version of the facts of the underlying crime. Based on Gandia's version and that of the government (to which Gandia did not object...

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