Thomas E. Briscoe v. United States

Appellant moves for reversal on the record. The Government objects on the merits, but not to the propriety of a final disposition.

The complete record, which is now before us, clearly demonstrates that, at the sentencing hearing, the District Court erred in refusing to entertain appellant’s oral motion to withdraw his plea of guilty and enter a plea of not guilty by reason of insanity. Poole v. United States, 1957, 102 U.S.App.D.C.-, 250 F.2d 396; Fed.R.Crim.P. 32(d), 47, 18 U.S.C.A. Moreover, the record also discloses ample basis for trial upon that issue. Statement of Judge Bazelon upon…