United States v. Morgan

CLAYTON, District Judge.

This cause is before the court on a motion by defendant, Herbert Kon Morgan, to withdraw his pleas of guilty entered 8 August, 1963, to an information charging him in two counts with forcibly breaking into United States post offices with intent to commit larceny, in violation of 18 U.S.C. § 2115. The government has responded with a motion to dismiss the defendant’s motion and the defendant has filed a reply to the government’s motion.

Rule 32(d), Federal Rules of Criminal Procedure, requires that motions to withdraw pleas of guilty be made prior to imposition of…