DE LEON v. UNITED STATES

No. 22519.

355 F.2d 286 (1966)

Oscar DE LEON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 31, 1966.


Attorney(s) appearing for the Case

Mario G. Obledo, San Antonio, Tex., for appellant.

Mario J. Martinez, Reese L. Harrison, Jr., Asst. U. S. Attys., Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee.

Before JONES and BROWN, Circuit Judges, and DYER, District Judge.


DYER, District Judge:

The question on this appeal is whether it was an abuse of judicial discretion for the district court to refuse appellant's motion to withdraw a plea of guilty and enter a plea of not guilty under the circumstances herein related.

Appellant was indicted for an alleged violation of Title 21, U.S.C.A., § 174.1

When the appellant was arraigned on September 18, 1962, the indictment was read in open...

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