UNITED STATES v. SWANN

No. 77-5499.

574 F.2d 1316 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas SWANN, a/k/a Joseph M. Gilbert, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1978.


Attorney(s) appearing for the Case

Alvin M. Binder, Jackson, Miss., Ray Sandstrom, Fred Haddad, Fort Lauderdale, Fla., for defendant-appellant.

Robert E. Hauberg, U. S. Atty., James B. Tucker, Asst. U. S. Atty., Jackson, Miss., for plaintiff-appellee.

Before SKELTON, Senior Judge, and FAY and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The defendant seeks to appeal what was in effect a conditional plea of nolo contendere in which he reserved his right to overturn his plea by appealing the trial court's earlier unfavorable ruling on a motion to suppress. Because the defendant may not attach such conditions to a confessional plea, we must vacate the plea and remand the case to permit the defendant to plead anew without...

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