United States v. Donald Paul Camburn and Robert Louis Zick

441 F.2d 274

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 27, 1971
• Docket: 30916
• Status: Published

Opinion

PER CURIAM:

Affirmed. See Local Rule 21. 1

1 . See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).

Appellants were indicted on two counts, Count I for violation of 21 U.S.C. § 176a and Count II for violation of 26 U.S.C. § 4744(a) (2). At arraignment they pled not guilty to Count I and claim that they were ready to enter a plea of guilty to Count II when the United States Attorney orally announced that he wished to dismiss Count II. The court subsequently dismissed Count II upon written motion filed by the United States Attorney prior to trial on Count I. The appellants contend that the district court committed error by failing to comply with Rule 48(a) F.R.Crim.P. in dismissing Count II of the indictment and proceeding to trial on Count I.