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UNITED STATES v. WEESE

No. 60.

145 F.2d 135 (1944)

UNITED STATES v. WEESE.

Circuit Court of Appeals, Second Circuit.

October 24, 1944.

Attorney(s) appearing for the Case

Samuel Mezansky, of New York City (Irving Spieler, of New York City, on the brief), for appellant.

Edward W. McDonald, Asst. U. S. Atty., of New York City (James B. M. McNally, U. S. Atty., of New York City, on the brief), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

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...

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