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U.S. v. GARCIA

No. 04-30172.

401 F.3d 1008 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Alan GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2005.

Attorney(s) appearing for the Case

Robert W. Goldsmith, Seattle, WA, for the defendant-appellant.

Bruce F. Miyake, Assistant U.S. Attorney, Seattle, WA, for the plaintiff-appellee.

Before: B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

Defendant-appellant Edward Alan Garcia ("Garcia") appeals the district court's denial of his motion to withdraw his guilty plea to a charge of manufacture of methamphetamine and a related firearm charge. After his plea was accepted but before he was sentenced, Garcia moved to with draw his plea on the basis of new evidence and an intervening change in the law. Because the newly discovered evidence constituted a "fair and just reason...

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