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UNITED STATES v. CAIN

No. 80-5072.

653 F.2d 883 (1981)

UNITED STATES of America, Appellee, v. Larry CAIN; Gloria Asanthia Carr Cain, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1981.

Attorney(s) appearing for the Case

Earl Whitted, Jr., Goldsboro, N. C. (Whitted, Jordan & Matthewson, Goldsboro, N. C., on brief), for appellants.

Louise A. Lerner, Dept. of Justice, Washington, D. C. (Walter W. Barnett, Dept. of Justice, James P. Turner, Acting Asst. Atty. Gen., Washington, D. C., Thomas E. Lydon, Jr., U. S. Atty., Columbia, S. C., on brief), for appellee.

Before RUSSELL, HALL and SPROUSE, Circuit Judges.

PER CURIAM:

The defendants, after pleading guilty, sought, almost two months after entry of their pleas, and five days before the imposition of sentence, to withdraw their pleas. They asserted two grounds for their motions to withdraw their pleas: (1) The failure of the district court to explain adequately, before accepting their pleas, the conspiracy count in the indictment; and, (2) The acceptance of their guilty pleas despite the defendants' denial of guilt. Neither...

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