Sam Melnick v. United States

In an indictment of twenty counts, appellant was charged with the commission of criminal acts in violation of sections 2, 371, and 2314 of Title 18, U.S.C. He pleaded not guilty to the charges, and in due course, his trial, consolidated with that of a co-defendant, commenced. After several days of trial proceedings, he, with his attorney, requested that as to Count Twenty of the indictment, he be permitted to withdraw his former plea and enter a plea of guilty. With the permission of the district judge this was done on May 26, 1965. Thereafter, on June 28, 1965, the Court imposed a three-year sentence of confinement under the conviction of the violation alleged in Count Twenty and, upon motion of the Government, dismissed the remaining nineteen counts of the indictment. Subsequently, on August 2, 1965, appellant moved under Rule 32(d), Fed.R.Crim.Proc., that the Court set aside the judgment of conviction and permit him to withdraw his plea of guilty. Upon denial of the motion, this appeal was perfected.

The appellant’s motion to vacate the judgment was based principally upon his contention that his plea of guilty was induced by coercion exerted by his co-defendant. The record is…