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UNITED STATES v. STERNMAN

No. 18966.

415 F.2d 1165 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Hyman STERNMAN, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing October 17, 1969.

Attorney(s) appearing for the Case

Gerald Walpin, New York City, Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, on brief; Jonathan M. Landers, New York City, of counsel, for appellant.

Gerald E. McDowell, Department of Justice, Washington, D. C., Fred M. Vinson, Jr., Asst. Atty. Gen., Edward T. Joyce, Attorney, Department of Justice, Washington, D. C., on brief; John G. Mattimoe, U. S. Atty., Toledo, Ohio, of counsel, for appellee.

Before WEICK, Chief Judge, and PHILLIPS and COMBS, Circuit Judges.

COMBS, Circuit Judge.

The appellant, Hyman Sternman, was sentenced to three years imprisonment after pleading guilty to an indictment charging contempt of court. The district court denied his motion filed under Rule 32(d), Federal Rules of Criminal Procedure, to set aside the conviction and permit withdrawal of the plea of guilty and a motion filed under Rule 34, Federal Rules of Criminal Procedure, to arrest the judgment.

The contempt charge arose when Sternman...

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