U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Franzo Wayne King

United States v. Franzo Wayne King
U.S. Court of Appeals for the Ninth Circuit · Decided November 16, 1970 · Per Curiam
430 F.2d 1177 (Federal Reporter, Second Series)

Counsel

Rodney A. Klein (argued), of Fields & Klein, Sacramento, Cal., for appellant., Charles S. Fenning (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee., Before MADDEN,* Judge, United States Court of Claims, DUNIWAY, Circuit Judge, and SWEIGERT,** District Judge.

United States v. Franzo Wayne King

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Opinion

PER CURIAM:

This is an appeal from the denial, by the District Court, of the defendant’s motion for an order permitting the defendant to withdraw his plea of guilty, and setting aside the judgment and sentence theretofore entered against him. The motion was made pursuant to Rule 32(d) and Rule 35 of the Federal Rules of Criminal Procedure. The District Court denied the motion and filed an opinion which appears in 307 F.Supp. at page 217. Our conclusion is that the District Court’s decision was right, for the reasons stated in the Court’s able opinion. We therefore affirm the denial of the defendant’s motion.

Affirmed.

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