United States v. James H. Herzog

HENLEY, Circuit Judge.

Appellant, James Herzog, appeals from an order of the district court 1 denying motions he made, pursuant to Rule 32(d), Fed. R.Crim.P., and 28 U.S.C. § 2255, requesting leave to withdraw pleas of guilty and nolo contendere, or, alternatively, requesting vacation of the judgments entered on those pleas. We affirm the order of the district court and deny appellant’s requested relief.

In November 1978 appellant, formerly a trustee in bankruptcy, was indicted and charged in separate counts with fourteen violations of 18 U.S.C. § 153, which prohibits embezzlement by a trustee…