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UNITED STATES v. LESTER

No. 381, Docket 24595.

247 F.2d 496 (1957)

The UNITED STATES of America, Appellee, v. Emanuel LESTER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 12, 1957.

Attorney(s) appearing for the Case

John O. Henderson, U. S. Atty., W. D. N. Y., Buffalo, N. Y. (Leo J. Fallon, Asst. U. S. Atty., Buffalo, N. Y., of counsel), for appellee.

Bernard Tompkins, New York City, (Herbert Edelhertz, New York City, of counsel), for defendant-appellant.

Before HAND, LUMBARD and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The defendant appeals (1) from an order of July 30, 1956 entered by the U. S. District Court for the Western District of New York denying his motion filed before sentence to withdraw a plea of guilty entered July 13, 1954; and (2) from a subsequent order denying his motion filed after sentence for leave to reargue the prior denied motion.

On December 20, 1951, an indictment containing three counts was filed in the U. S. District Court...

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