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UNITED STATES v. INCROVATO

No. 79-1277.

611 F.2d 5 (1979)

UNITED STATES of America, Appellee, v. James D. INCROVATO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 19, 1979.

Attorney(s) appearing for the Case

John Cavicchi, Boston, Mass., for appellant.

Elliott D. Lobel, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and BONSAL, Senior District Judge.

BONSAL, District Judge.

Defendant, Incrovato, appeals from the denial on May 7, 1979 of his motion to withdraw his plea of guilty.

In an indictment returned on June 1, 1977 the defendant was charged with murder in the first degree (Count One), and three other counts arising out of the same incident (the death of his son). Two of the remaining three counts were subsequently dismissed by the court. Defendant negotiated...

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