NUNEZ CORDERO v. UNITED STATES

No. 75-1401.

533 F.2d 723 (1976)

Hector Bienvenido NUNEZ CORDERO, Defendant-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, First Circuit.

Decided April 16, 1976.


Attorney(s) appearing for the Case

Carlos Perez Olivo, San Juan, P.R., for defendant-appellant.

Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., with whom Julio Morales-Sanchez, U.S. Atty., San Juan, P.R., was on brief, for appellee.

Before COFFIN, Chief Judge, MATTHES and McENTEE, Circuit Judges.


COFFIN, Chief Judge.

The sole issue in this case is whether the district court abused its discretion in refusing to permit appellant to withdraw his plea of guilty before sentence was imposed.

Appellant, a 37 year old citizen of the Dominican Republic, was originally charged under 21 U.S.C. § 841(a)(1) and § 846 with possession with intent to distribute cocaine. On March 11, 1975, a preliminary hearing was held in which a government agent testified...

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