BYERS, District Judge.
This is a motion by the defendant Gotta noticed for February 6, 1939, but actually heard eleven days later, for leave to withdraw a plea of guilty, entered on January 6, 1939, to an indictment charging conspiracy.
It will be seen that the motion was not made within the ten day period prescribed by the Rules of Practice and Procedure, etc., in criminal cases [rule II(4), 28 U.S. C.A. following section 723a] adopted by the Supreme Court...
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