UNITED STATES v. MOSKOW

No. 78-1108.

588 F.2d 882 (1978)

UNITED STATES of America v. MOSKOW, Sigmund, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 30, 1978.


Attorney(s) appearing for the Case

John Rogers Carroll, Thomas Colas Carroll, Carroll Creamer Carroll & Duffy, Philadelphia, Pa., for appellant.

Robert N. DeLuca, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, Appellate Section, David R. Stawbridge, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and STERN, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented for review is the finality, and therefore the appealability, of a conditional plea of guilty entered by the appellant and accepted by the district court. The government argues, curiously, that because the court erred in accepting the guilty plea, "this case should be remanded to the District Court with instructions that the defendant be afforded an opportunity to move to withdraw...

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