United States of America, Plaintiff-appellee, v. Victor L. Martinez, Defendant-appellant, 103 F.3d 142 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 103 F.3d 142 (9th Cir. 1996) Submitted Dec. 2, 1996. *Decided Dec. 5, 1996

Before: SNEED, TROTT and THOMAS, Circuit Judges.

MEMORANDUM** 

Victor Martinez appeals his conviction by guilty plea for firearm possession by a felon in violation of 18 U.S.C. § 922(g) (1), and possession of unauthorized access devices in violation of 18 U.S.C. § 1029(a) (1). The government concedes that pursuant to United States v. Hyde, 92 F.3d 779 (9th Cir. 1996), the district court erred in refusing to allow Martinez to withdraw his plea. We therefore reverse his conviction and remand so that he can plead anew.1 

REVERSED and REMANDED for further proceedings.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

 1

The government conceded that Hyde was controlling authority, but requested that we stay our resolution of this appeal until the mandate issued in that case. On November 12, 1996, the mandate issued in Hyde

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