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UNITED STATES v. HAWTHORNE

No. 73-2040.

502 F.2d 1183 (1974)

UNITED STATES of America, Appellee, v. Simon HAWTHORNE, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 5, 1974.

Attorney(s) appearing for the Case

Robert L. Potter, Reed Smith Shaw & McClay, Pittsburgh, Pa., for appellant.

Richard L. Thornburgh, U.S. Atty., Charles F. Scarlata, Craig R. McKay, Kathleen Kelly Curtin, Asst. U.S. Attys., Pittsburgh, Pa., for appellee.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal requires us once again to deal with difficult legal and factual problems relating to post-sentence attempts to withdraw guilty pleas.

Simon Hawthorne, appellant, was charged in a two count indictment, filed on May 3, 1973, with selling cocaine in violation of 21 U.S.C. § 841(a) (1). On May 14, 1973, Hawthorne pleaded not guilty to both counts. However, on July 5, 1973, he pleaded guilty...

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