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U.S. v. GARDUNO

No. 06-2317.

506 F.3d 1287 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Nadine GARDUÑO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 6, 2007.

Attorney(s) appearing for the Case

Brian A. Pori, Inocente, P.C., Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, MURPHY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant Nadine Garduño pleaded guilty to involuntary manslaughter and assault resulting in serious bodily injury for her role in a fatal car accident. After sentencing, Garduño filed a motion to withdraw her guilty plea, which the district court denied as barred by Federal Rule of Criminal Procedure 11. On appeal, Garduño argues that Rule 11 did not bar the district court from granting...

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