United States v. Hines

MEMORANDUM OPINION ACCEPTING PLEA OF NOLO CONTENDERE

SACHS, District Judge.

The question before the Court is whether I should accept a plea of nolo contendere offered by the defendant but opposed by the United States Attorney, pursuant to a departmental policy dating back to a 1953 directive, recently restated. District Judge Tolin dealt with this situation in United States v. Jones, 119 F.Supp. 288 (S.D.Cal.1954) by declaring that notwithstanding the department's position, “the Court will ordinarily allow [a nolo plea] to be entered.” 1.c. 290. Although a guilty plea may be greatly preferred…