United States v. William J. McCarthy

STEVENS, Circuit Judge.

Defendant’s seemingly routine three-count indictment for understating his taxable income for the years 1959, 1960 and 1961 has engendered legal issues of unusual significance.

In its opinion finding reversible error in the district court’s failure to adhere to the letter of the 1966 amendment to Rule 11 of the Federal Rules of Criminal Procedure, the Supreme Court vindicated defendant’s right to withdraw his plea of guilty to Count II. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418. We now find reversible error in the use of a 1932 felony…