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UNITED STATES v. SMILEY

No. 420, Docket 28418.

322 F.2d 248 (1963)

UNITED STATES of America, Appellee, v. Samuel J. SMILEY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 12, 1963.

Attorney(s) appearing for the Case

Arnold Bauman, New York City (Morton J. Schlossberg, New York City, on the brief), for defendant-appellant.

Thomas J. Cahill, Asst. U. S. Atty., S. D. N. Y., New York City (Robert M. Morgenthau, U. S. Atty., and James M. Brachman and Robert J. Geniesse, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before CLARK, WATERMAN, and FRIENDLY, Circuit Judges.

PER CURIAM.

Smiley, a member of the Canadian Bar and a man knowledgeable in SEC matters, pleaded guilty to counts of mail fraud and violation without knowledge of SEC Rule 10b-5. Thereafter he made a motion to withdraw his plea of guilt, which Judge Metzner denied in a reasoned opinion, finding that the prosecution had made no promises of leniency which were not fulfilled.

Judge Metzner acted within his discretion in denying the motion for withdrawal of the...

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