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U.S. v. CARABALLO-RODRIGUEZ

No. 03-1795.

480 F.3d 62 (2007)

UNITED STATES of America, Appellee, v. Osvaldo CARABALLO-RODRIGUEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 21, 2007.

Attorney(s) appearing for the Case

Michael R. Hasse, by appointment of the court, for appellant.

Mariana E. Bauzá-Almonte, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

Former Puerto Rico police officer Osvaldo Caraballo-Rodriguez (Caraballo) seeks on appeal to withdraw his plea of guilty to the crime of misprision of felony, 18 U.S.C. § 4. The plea was entered as part of a plea bargain under which much more serious drug conspiracy charges were dismissed. In order to withdraw his plea, Caraballo must, as he admits, meet the plain error standard of showing that, on the facts charged, no crime of misprision...

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