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UNITED STATES v. McCARTHY

No. 18365.

445 F.2d 587 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. William J. McCARTHY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

July 7, 1971.

Attorney(s) appearing for the Case

Maurice J. McCarthy, William J. Nellis, Chicago, Ill., for appellant.

William J. Bauer, U. S. Atty., Samuel Skinner, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Jeffrey Cole, Thomas G. Dent, Donald C. Shine, Asst. U. S. Attys., of counsel.

Before KNOCH, Senior Circuit Judge, and KERNER and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

Defendant's seemingly routine three-count indictment for understating his taxable income for the years 1959, 1960 and 1961 has engendered legal issues of unusual significance.

In its opinion finding reversible error in the district court's failure to adhere to the letter of the 1966 amendment to Rule 11 of the Federal Rules of Criminal Procedure, the Supreme Court vindicated defendant's right to withdraw his plea of guilty to Count...

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