Donald W. Cole v. United States

D.C. Circuit

Donald W. Cole v. United States

234 F.2d 59, 98 U.S. App. D.C. 238, 1956 U.S. App. LEXIS 3666

CourtCourt of Appeals for the D.C. Circuit

DecidedMay 10, 1956

Docket12970_1

StatusPublished

This text of 234 F.2d 59 (Donald W. Cole v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Donald W. Cole v. United States, 234 F.2d 59, 98 U.S. App. D.C. 238, 1956 U.S. App. LEXIS 3666 (D.C. Cir. 1956).

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Opinion

PER CURIAM.

The appeal is from two orders of the District Court, one entered Sepetember 12, 1955, the other January 17, 1955. Since the notice of appeal was not filed until October 3, 1955, it was too late to give us jurisdiction to review the order of January 17, 1955.

The September 12th order denied a motion for leave to withdraw a plea of guilty to second degree murder which had been entered April 28, 1952, in substitution for a plea of not guilty to first degree murder previously entered. The motion denied was filed under Rule 32 (d), Fed.Rules Crim.Proc., 18 U.S.C. 1 We are not able to hold on the record before us that the District Court abused its discretion in 1952 in permitting the change of plea, or, under the “manifest injustice” standard of Rule 32(d), in denying the motion now under review to withdraw the plea.

Affirmed.

1

. Although the motion also asked that the plea of guilty be set aside and the judgment vacated, we do not consider it as a motion under 62 Stat. 967 (1948), as amended, 28 U.S.C. § 2255 (1952).

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PER CURIAM.

The appeal is from two orders of the District Court, one entered Sepetember 12, 1955, the other January 17, 1955. Since the notice of appeal was not filed until October 3, 1955, it was too late to give us jurisdiction to review the order of January 17, 1955.

The September 12th order denied a motion for leave to withdraw a plea of guilty to second degree murder which had been entered April 28, 1952, in substitution for a plea of not guilty to first degree murder previously entered. The motion denied was filed under Rule 32 (d), Fed.Rules Crim.Proc., 18 U.S.C. 1 We are not able to hold on the record before us that the District Court abused its discretion in 1952 in permitting the change of plea, or, under the “manifest injustice” standard of Rule 32(d), in denying the motion now under review to withdraw the plea.

Affirmed.

1

. Although the motion also asked that the plea of guilty be set aside and the judgment vacated, we do not consider it as a motion under 62 Stat. 967 (1948), as amended, 28 U.S.C. § 2255 (1952).

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234 F.2d 59, 98 U.S. App. D.C. 238, 1956 U.S. App. LEXIS 3666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donald-w-cole-v-united-states-cadc-1956.

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