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U.S. v. RUIZ

No. 99-10224.

257 F.3d 1030 (2001)

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

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2001.

Attorney(s) appearing for the Case

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

Thomas E. Flynn, Assistant United States Attorney, Sacramento, California, for the plaintiff-appellee.

Before: MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, FERDINAND F. FERNANDEZ, ANDREW J. KLEINFELD, MICHAEL DALY HAWKINS, A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges.

Argued and Submitted En Banc June 21, 2001 — San Francisco, California.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

We reheard this case en banc to resolve a discrepancy between our existing case law and the current version of Federal Rule of Criminal Procedure 32(e). In 1983, the rule governing a defendant's withdrawal of a guilty plea was amended to read:

If a motion to withdraw a plea of guilty or nolo contendere is made before...

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