Legal Opinion

United States v. Weese

Court of Appeals for the Second Circuit

Decided October 24, 1944No. 60PublishedCited by 28 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The sole question presented by this appeal is whether the District Court erred in denying defendant’s motion to withdraw his plea of guilt. This motion came sometime beyond the period limited for it by Rule 2(4) of Rules of Criminal Procedure After Plea of Guilty, etc., 18 U.S.C.A. following section 688, recently considered by us in United States v. Achtner, 2 Cir., 144 F.2d 49; but since defendant’s contention, so far as it has substance, contains an implication of fraud and overreaching on the part of the prosecuting authorities, we shall consider it just as did the…

2Cases cited4 opinions

  1. United States v. FoxCourt of Appeals for the Third Circuit · 1942
  2. United States v. AchtnerCourt of Appeals for the Second Circuit · 1944
  3. United States v. DennistonCourt of Appeals for the Second Circuit · 1937
  4. Fox v. United StatesSupreme Court of the United States · 1942

3Cited by28 opinions

  1. United States v. ParrinoCourt of Appeals for the Second Circuit · 1954
  2. United States of America Ex Rel. Albert Curtis v. Hon. John Zelker, Superintendent of Green Haven Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1972
  3. United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1970
  4. Duane A. Verdon v. United StatesCourt of Appeals for the Eighth Circuit · 1961
  5. United States v. Charles J. Giuliano, Mario Prezioso and Chester Zochowski, A/K/A Chester GrayCourt of Appeals for the Second Circuit · 1965

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