Ward v. United States

ARANT, Circuit Judge.

This is an appeal from an order denying appellant’s motion to withdraw pleas of guilty and substitute pleas of not guilty. There is no dispute as to the facts.

Appellant, with some fifty others, was indicted for violation of the mail fraud statute, 18 U.S.C.A. § 338, and for conspiring to commit that offense [in violation of 18 U. S.C.A. § 88], in the sale of lots in a plot of ground near Cincinnati, Ohio, called the Arlington Cemetery. He first pleaded not guilty to both indictments. Counsel for the United States thereafter sought to induce him to change his pleas and…