UNITED STATES OF AMERICA, APPELLEE,
v.
SAMUEL J. SMILEY, DEFENDANT-APPELLANT
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The court held that the trial judge acted within his discretion in denying the defendant's motion to withdraw his guilty plea and in denying the motion to disqualify himself.
The defendant pleaded guilty to mail fraud and SEC Rule 10b-5 violations. He later moved to withdraw his plea, arguing the prosecution made unfulfille…
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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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Everett v. United States, 336 F.2d 979 (D.C. Cir. 1964)
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United States v. Giuliano, 348 F.2d 217 (2d Cir. 1965)
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United States v. Hughes, 325 F.2d 789 (2d Cir. 1964)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The United States v. Lester, 247 F.2d 496 (2d Cir. 1957)
- Pancho Barnes v. United States, 241 F.2d 252 (9th Cir. 1956)