UNITED STATES v. JACKSON

No. 77-1075.

563 F.2d 1145 (1977)

UNITED STATES of America, Appellee, v. Leroy JACKSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1977.


Attorney(s) appearing for the Case

H. Duncan Garnett, Jr., Newport News, Va. (Jones, Blechman, Woltz & Kelly, Newport News, Va., on brief), for appellant.

Roger T. Williams, Executive Asst. U. S. Atty., Norfolk, Va. (William B. Cummings, U. S. Atty., Alexandria, Va., on brief), for appellee.

Before CRAVEN, Circuit Judge, FIELD, Senior Circuit Judge, and THOMSEN, Senior District Judge.


FIELD, Senior Circuit Judge:

The issue on this appeal as framed by both counsel for the defendant and the Government is whether the trial court's refusal to consider a plea agreement which includes a sentence recommendation by the attorney for the Government constitutes an abuse of discretion which would permit the defendant to withdraw his plea of guilty. While we doubt that on the facts of this case the issue is of such dimensions, we will dispose of the appeal...

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