Legal Opinion

United States v. Simon Hawthorne

Court of Appeals for the Third Circuit

Decided September 5, 1974No. 73-2046PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal requires us once again to deal with difficult legal and factual problems relating to post-sentence attempts to withdraw guilty pleas.

Simon Hawthorne, appellant, was charged in a two count indictment, filed on May 3, 1973, with selling cocaine in violation of 21 U.S.C. § 841(a)(1). On May 14, 1973, Hawthorne pleaded not guilty to both counts. However, on July 5, 1973, he pleaded guilty at a Rule 11 proceeding 1 to one of the two counts and, at the same time, the United States announced its intention to move to dismiss the other count.

At the…

2Cases cited8 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Michael Joseph Paradiso and Anthony Richard Bonnacci v. United StatesCourt of Appeals for the Third Circuit · 1973
  3. United States v. ShneerCourt of Appeals for the Third Circuit · 1952
  4. Ralph Masciola v. United StatesCourt of Appeals for the Third Circuit · 1972
  5. Sherwood E. Roberts v. United StatesCourt of Appeals for the Third Circuit · 1974

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3Cited by25 opinions

  1. State v. BlatnikOhio Court of Appeals · 1984
  2. United States v. David L. NahodilCourt of Appeals for the Third Circuit · 1994
  3. Pettaway v. United StatesDistrict of Columbia Court of Appeals · 1978
  4. United States v. Simon HawthorneCourt of Appeals for the Third Circuit · 1976
  5. James Luther Johnson v. Raymond D. Massey, Superintendent of Union Correctional InstitutionCourt of Appeals for the Fifth Circuit · 1975

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