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Fox (D), Davis, and Kaufman were charged for conspiracy. The Grand Jury did not know who else the three were conspiring with. D agreed to testify, pleading guilty. Later, nolle prosequi (no prosecution) was entered for the charges against the other two. D then wished to withdraw his plea and vacate his conviction. He was denied by the court. D appealed, claiming that since his co-conspirators were given nolle prosequi, then his conviction should be vacated also.

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