Newman v. United States

BURGER, Circuit Judge:

The sole issue presented on appeal raises for the first time whether it was a denial of Appellant’s constitutional rights for the United States Attorney to consent to a guilty plea tendered by Appellant’s co-defendant for a lesser included offense under the indictment, while refusing to consent to the same plea for Appellant.

Appellant and one Anderson were indicted for housebreaking and petty lar*480ceny. Negotiations between Anderson’s counsel and an Assistant United States Attorney led to Anderson’s being allowed to plead guilty to misdemeanors of petty larceny and…