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U.S. v. KYLE

No. 12-10208.

734 F.3d 956 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Martin KYLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2013.

Attorney(s) appearing for the Case

Ethan A. Balogh , Coleman & Balogh LLP, San Francisco, CA, for Defendant-Appellant.

Melinda Haag , Barbara J. Valliere , and Owen P. Martikan , Office of the United States Attorney, San Francisco, CA, for Plaintiff-Appellee.

Before: MARSHA S. BERZON and JAY S. BYBEE, Circuit Judges, and CONSUELO B. MARSHALL, Senior District Judge.

OPINION

MARSHALL, District Judge:

Appellant-defendant Kenneth Martin Kyle pleaded guilty to one count of aggravated sexual abuse of a child, in violation of 18 U.S.C. § 2241(c), for which he received a 450-month sentence. On appeal, Kyle argues his guilty plea and sentence must be set aside because the District Court impermissibly and prejudicially participated in his plea negotiations.

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