United States v. Preston Trucking Co.

MEMORANDUM OPINION AND ORDER

LAMBROS, District Judge.

Defendant is moving for leave to withdraw its plea of nolo contendere to eight counts of an information charging improper assessment of tariffs in violation of 49 U.S.C. §§ 317(b) and 322(c). The basis of defendant’s motion is that, because it later lost a civil suit based on issues related to the charges in the criminal cases, it would be manifestly unjust not to permit it to withdraw its plea under Rule 32(d) of the Federal Rules of Criminal Procedure.

I. BACKGROUND OF CASE

On September 26, 1972, the Court accepted defendant’s plea of nolo…