Goo

Goo v. United States

Good Law
187 F.2d 62
United States Court of Appeals for the Ninth CircuitApril 23, 195112620_1California276 words

Opinion

Opinion

Appellant was convicted in the United States District Court for the District of Hawaii, on his plea of guilty to an information charging criminal violations of the Internal Revenue Code. Upon this appeal from the judgment of conviction, he claims the District Court erred in denying his motion, made pursuant to 32(d) Fed.Rules Crim.Proc. 18 U.S.C.A., to withdraw his plea of guilty.

He contends that Section 32(d) of F.R. C.P. confers upon him the absolute right to withdraw his guilty plea at any time prior to imposition of sentence.

We find no merit in this contention. There is complete uniformity in the authorities to the effect that no such right exists and that motions to withdraw guilty pleas are addressed to the sound discretion of the trial court. This is true as to 32(d) of F.R.C.P. and also as to motions under former Rule 11(4) of the Rules of Criminal Procedure promulgated by the Supreme Court pursuant to the Act of March 8, 1934. We deem it unnecessary to cite the numerous decisions to that effect.

The record does not support appellant’s contention that the trial court abused its discretion in denying his motion to withdraw the guilty plea. The main reason urged in…

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