United States v. Ronald Lee McDaniel

The sole question before us is whether the District Judge abused his discretion in denying the motion of defendant to withdraw his plea of guilty entered after an earlier plea of not guilty. 1 The motion was filed some 40 days after defendant entered his guilty plea and two days before he was to be sentenced. The sole ground alleged was that he was “frightened and confused” when the guilty plea was made.

The defendant correctly states that the prerequisite of “manifest injustice” imposed by Rule 32(d) Fed.R.Cr. P. applies only to withdrawing a plea after sentence. But, as defendant…