UNITED STATES v. NAGELBERG

No. 47, Docket 28172.

323 F.2d 936 (1963)

UNITED STATES of America, Appellee, v. Gerson NAGELBERG, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 24, 1963.


Attorney(s) appearing for the Case

Irwin Klein, New York City, for defendant-appellant.

Robert J. Geniesse, Asst. U. S. Atty. Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and John S. Martin, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.


PER CURIAM.

On July 18, 1962, appellant withdrew an earlier plea of not guilty, and voluntarily entered a plea of guilty to all three counts of an indictment alleging narcotics violations. Four months thereafter, following several adjournments of sentencing, he moved to withdraw the guilty plea on the grounds that he had subsequently cooperated with and been of assistance to governmental authorities. Finding that such cooperation would not, by itself, justify withdrawal...

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