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U.S. v. SHOWALTER

No. 08-50109.

569 F.3d 1150 (2009)

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

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2009.

Attorney(s) appearing for the Case

Ezekiel E. Cortez, San Diego, CA, for the defendant-appellant.

Mieke Biesheuvel, Assistant United States Attorney, Santa Ana, CA, for the appellee.

Before: HARRY PREGERSON and DAVID R. THOMPSON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

THOMPSON, Senior Circuit Judge:

Appellant Edward Showalter ("Showalter") pleaded guilty to one count of wire fraud in violation of 18 U.S.C. § 1343. He now appeals the order denying his motion to withdraw that guilty plea and his sentence. We have jurisdiction under 28 U.S.C. § 1291. We affirm the denial of Showalter's motion to withdraw his guilty plea, but we vacate his sentence and remand for resentencing.

I. Background

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