Leonard Saldana v. United States

CHAMBERS, Circuit Judge.

The judgment of conviction is affirmed. We hold that the second judge of the United States District Court for the Southern District of California was legally justified sua sponte under the circumstances of this case in ordering the plea of guilty on the first and second counts withdrawn (which plea had been entered before another judge of the same court) and directing the entry of a plea of not guilty.1 Further, we are con*353vinced that the trial, after this change of plea, did not constitute double jeopardy2 for the defendant.3

The fifth count, the subject of a ten year…