examined Cited as authority (quoted) United States v. Watts (2×) at least as concerns making guideline calculations the issue of a higher than a preponderance standard is foreclosed in this circuit

discussed Cited "see" Sanchez v. Perrill See United States v. Sanchez, Nos. 91-1188, 91-1267, 961 F.2d 221 , 1992 WL 83528 , at * 1 (10th Cir.) (table), cert. denied, 506 U.S. 897 (1992). 2 The district court construed the request as a motion filed under 28 U.S.C. § 2255 , and dismissed the case as a successive motion and an abuse of the § 2255 remedy.

discussed Cited "see" Butler v. State (2×) See Trueblood v. State (1992), Ind., 587 N.E.2d 105 , cert. denied, 506 U.S. 897 , 113 S.Ct. 278 , 121 L.Ed.2d 205 (reviewing request to withdraw of plea before sentencing); Ind.Code Ann. § 35-35-1-4(b) (decision on motion to withdraw plea before sentencing reviewable only for abuse of discretion).

discussed Cited "see, e.g." United States v. Nguyen See also United States v. Trujillo, 959 F.2d 1377, 1382 (7th Cir.)(suggesting that clear and convincing evidence might be required for extraordinaxy upward adjustments or departures), cert. denied, 506 U.S. 897 , 113 S.Ct. 277 , 121 L.Ed.2d 204 (1992); United States v. Restrego, 946 F.2d 654 (9th Cir.) (same), cert denied 503 U.S. 961 , 112 S.Ct. 1564 , 118 L.Ed.2d 211 (1992); United States v. Lam Kwong-Wah, 966 F.2d 682, 688 (D.C.Cir.) (same), cert. denied 506 U.S. 901 , 113 S.Ct. 287 , 121 L.Ed.2d 213 (1992).

discussed Cited "see, e.g." Webster v. State See also Trueblood v. State, 587 N.E.2d 105, 107 (Ind.1992), cert. denied, 506 U.S. 897 , 113 S.Ct. 278 , 121 L.Ed.2d 205 (1992) (a trial judge commits reversible error if he accepts a plea of guilty when the defendant both pleads guilty and maintains his innocence at the same time); floss v. State, 456 N.E.2d 420, 423 (Ind.1983) (a judge may not accept a plea of guilty when the defendant both pleads guilty and maintains his innocence at the *615 same time; to accept such a plea constitutes reversible error).