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UNITED STATES v. KAY

No. 75-3844.

537 F.2d 1077 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. David J. KAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 23, 1976.

Attorney(s) appearing for the Case

Richard G. Sherman (argued), Los Angeles, Cal., for defendant-appellant.

John Vandevelde, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, HUFSTEDLER and CHOY, Circuit Judges.

OPINION

PER CURIAM:

We do not think that the district court abused its discretion in refusing to permit Kay to withdraw his guilty plea. Kay did not attempt to withdraw his plea until after his codefendants had been sentenced. At that time he realized that adherence to his plea bargain would result in his imprisonment. Under these circumstances, his situation is akin to that of a defendant who seeks to withdraw his plea after sentencing. The district judge...

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