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U.S. v. PATTERSON

No. 00-30306.

292 F.3d 615 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Toby C. PATTERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2002.

Attorney(s) appearing for the Case

Gerald R. Smith, Assistant Federal Public Defender, Spokane, WA, for defendant-appellant Toby C. Patterson.

Nancy C. Cook, Assistant United States Attorney, Coeur d'Alene, ID, for plaintiff-appellee United States of America.

Before NOONAN, TASHIMA and TALLMAN, Circuit Judges.

Opinion by Judge RICHARD C. TALLMAN; Concurrence by Judge NOONAN; Dissent by Judge TASHIMA.

OPINION

RICHARD C. TALLMAN, Circuit Judge.

Toby C. Patterson appeals his conviction and 188 month sentence for manufacturing 100 or more marijuana plants in violation of 21 U.S.C. § 841. Patterson contends that the district court violated the double jeopardy clause by vacating his guilty plea after it had been accepted. Patterson further alleges that...

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