United States v. Jack Lee Webster
Opinion
Opinion
Lindberg, J.
Appellant Jack Lee Webster appeals the district court’s denial of his motion to withdraw a guilty plea under Rule 32(d) of the Federal Rules of Criminal Procedure. We affirm.
Webster was arrested on December 7, 1971, on a charge of bank robbery. The following day, he was taken before a magistrate and advised of his rights. On December 14, 1971, he met with two Assistant United States Attorneys and an agent of the Federal Bureau of Investigation at his own request. At this meeting, Webster was again advised of his rights. Nevertheless, he waived his rights and signed a statement detailing his own participation and that of one Larry Stubbs in two Oregon bank robberies. The grand jury thereafter returned an indictment in three counts which respectively charged Webster with violations of 18 U.S.C. § 2113 (a), 18 U. S.C. § 2113(d), and 18 U.S.C. § 924 (c). On January 19, 1972, in a proceeding fully comporting with the requirements of Rule 11, he pleaded guilty to Count II of the indictment, and the other two counts were dismissed. On February 27, 1972, while out on bail and in the course of a burglary, Larry Stubbs committed suicide to avoid capture.