Sydney B. Kadwell v. United States

Appellant appeared before the District Court on a charge of violating the Dyer Act, 18 U.S.C.A. § 2312 . An attorney present in the courtroom was appointed to represent him. Counsel was given a copy of a proposed information and waiver of indictment, and he and appellant were “excused temporarily * * * to consult * * * about this matter.” Shortly thereafter appellant appeared again before the coui’t, waived indictment, and tendered a plea of guilty. In response to the court’s questions, appellant disclaimed any promise, threat, or coercive influence, and stated that he offered the plea because he was guilty. The court accepted appellant’s plea, and continued the matter three days for sentencing.

On the day set for sentencing, appellant moved to withdraw his plea of guilty. The motion was denied. The-entire colloquy between the court and' appellant’s counsel with respect to the-motion is set out in the margin.

Appellant was sentenced and judgment was entered. He appealed, asserting that: (1) the court violated Rule 11,. Federal Rules of Criminal Procedure, by-accepting appellant’s guilty plea without first determining whether it was made with an understanding of the nature of the…