UNITED STATES v. WHITE

Nos. 77-5289, 77-5290.

583 F.2d 819 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Wendell WHITE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1978.

Rehearing and Rehearing Denied October 9, 1978.


Attorney(s) appearing for the Case

Edward C. Duke, Federal Public Defender, Memphis, Tenn., for defendant-appellant.

W. J. Michael Cody, U. S. Atty., William A. McTighe, Jr., Asst. U. S. Atty., Memphis, Tenn., for plaintiff-appellee.

Before LIVELY and KEITH, Circuit Judges, PECK, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied October 9, 1978.

KEITH, Circuit Judge.

Defendant-appellant, Wendell White, appeals from his conviction and sentence below. He asserts that the district court erred in not affording him an opportunity to withdraw his guilty plea pursuant to Rule 11(e)(4) of the Federal Rules of Criminal Procedure when the court declined to accept the government's sentence recommendation which was made as part of a Rule 11(e)(1)(B) plea...

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