United States v. Joseph James McGirr

(dissenting) :

I would agree with the majority that leave to withdraw a plea of guilty before sentencing should normally be granted. It is well settled, however, that the granting of such leave is discretionary with the trial court, and the scope of review on appeal is limited to determining whether there has been an abuse of discretion. United States v. Guerini, 296 F.2d 83 (4 Cir.1961). I further agree with the majority that the district court should be sustained if McGirr’s abnormality, as reported by the doctors at St. Elizabeth’s Hospital, was manifested only by his repeated criminal…