Nos. 75-1549, 75-1727.

532 F.2d 318 (1976)

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

United States Court of Appeals, Third Circuit.

Decided February 2, 1976.

As Amended February 18, 1976.

Attorney(s) appearing for the Case

Robert L. Potter, Pittsburgh, Pa., for appellant.

Blair A. Griffith, U.S. Atty., Charles F. Scarlata, Asst. U.S. Atty., James J. West, Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Before ALDISERT, HUNTER and GARTH, Circuit Judges.


GARTH, Circuit Judge:

This appeal from the defendant's guilty plea asserts error in the denial of a pre-plea motion and attacks the validity of the sentence imposed. We conclude on the authority of Tollett v. Henderson, 411 U.S. 258, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973), that the defendant's guilty plea forecloses our consideration of his pre-plea motion. However, holding that the district court...

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