United States v. Philip J. Mainer

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Appellant attacks the denial by the district court of his motion for leave to withdraw his plea of guilty. His claim is that he should be permitted to withdraw his plea of guilty because he was induced to enter it by his court-appointed counsel, who failed to prepare his defense and assured him of the promise of the Assistant United States Attorney that if he entered the plea he would receive a two year sentence to run concurrently with a longer sentence imposed in New York, which he was serving at the time.

Appellant carries a heavy burden, for…