BARD, District Judge.
On October 21, 1941, this court denied the defendant Fox's petition requesting leave to withdraw his plea of guilty entered to the indictment and to enter a plea of not guilty.
At that hearing the following took place between the court and counsel for defendant Fox:
"The Court: You are willing to concede if the court in its discretion feels that it ought to deny your motion, that it is legal to sentence one defendant who has pleaded...
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