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NEWMAN v. UNITED STATES

No. 20637.

382 F.2d 479 (1967)

Joseph L. NEWMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 31, 1967.

Attorney(s) appearing for the Case

Mr. John A. Beck, Washington, D. C. (appointed by this court), for appellant.

Mr. Arthur L. Burnett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Charles L. Owens, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge:

The sole issue presented on appeal raises for the first time whether it was a denial of Appellant's constitutional rights for the United States Attorney to consent to a guilty plea tendered by Appellant's co-defendant for a lesser included offense under indictment, while refusing to consent to the same plea for Appellant.

Appellant and one Anderson were indicted for housebreaking and petty larceny.

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