United States v. Napolitano

WEINFELD, District Judge.

The defendant, understandably chafing under the restraint of a seventeen-year sentence imposed upon his plea of guilty to a charge of which the convictions of two codefendants were reversed and the third was acquitted, seeks permission under Rule 32(b) of the Federal Rules of Criminal Procedure to withdraw his plea of guilty. The motion is made four years after the plea was entered.

The defendant was one of eleven persons named in the now well publicized Santore case, which brought in its wake diverse views as to the circumstances whereby the presumption under section…