United States v. Samuel J. Smiley

Second Circuit

United States v. Samuel J. Smiley

322 F.2d 248, 1963 U.S. App. LEXIS 4235

CourtCourt of Appeals for the Second Circuit

DecidedSeptember 12, 1963

Docket420, Docket 28418

StatusPublished

Cited by12 cases

This text of 322 F.2d 248 (United States v. Samuel J. Smiley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Samuel J. Smiley, 322 F.2d 248, 1963 U.S. App. LEXIS 4235 (2d Cir. 1963).

Pincite

Opinion

PER CURIAM.

Smiley, a member of the Canadian Bar and a man knowledgeable in SEC matters, pleaded guilty to counts of mail fraud and violation without knowledge of SEC Rule 10b-5. Thereafter he made a motion to withdraw his plea of guilt, which Judge Metzner denied in a reasoned opinion, finding that the prosecution had made no promises of leniency which were not fulfilled.

Judge Metzner acted within his discretion in denying the motion for withdrawal of the plea, since Smiley failed to meet his burden of establishing grounds for the withdrawal. See United States v. Lester, 2 Cir., 247 F.2d 496. Smiley’s further argument that the Government is estopped from contesting his motion for withdrawal is similarly without merit.

Smiley also moved orally and v/ithout supporting papers that Judge Palmieri should disqualify himself from sentencing him, claiming prejudice from other actions taken by the judge in this extensive mail fraud conspiracy centering around the notorious Lowell M. Birrell. We find the motion without substance, and Judge Palmieri committed no error in denying it. See, e. g., Barnes v. United States, 9 Cir., 241 F.2d 252.

Affirmed.

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