United States v. Wolfson

MEMORANDUM OPINION

LATCHUM, District Judge.

In this multi-defendant criminal action, the defendant, Edward Fishbein, at the time set for sentencing, moved pursuant to Rule 32(d), F.R.Crim.P., before sentence was imposed, to withdraw his plea of nolo contendere to Count 2 of the indictment.

The facts relevant to the defendant’s motion may be summarized as follows: On June 7, 1968, the Grand Jury returned a twenty-nine count indictment against Nathan Wolfson, William F. Emmons, Albert Frost, James B. Thompson and Edward Fishbein. Count 1 charged all of the defendants, under 18 U.S.C. § 371, with a…