STEIN

v.

WIRTZ, SECRETARY OF LABOR, ET AL.

Citator

Cited By

• McCARTHY v. United States, 394 U.S. 459 (U.S. 1969)
  …270 (C. A. 1st Cir. 1967) (“at least with respect to [pre-amended] Rule 11”); Stephens v. United States, 376 F. 2d 23 (C. A. 10th Cir.), cert. denied, 389 U. S. 881 (1967); Brokaw v. United States, 368 F. 2d 508 (C. A. 4th Cir. 1966), cert. denied, 386 U. S. 996 (1967) (at least where the defendant raises only the factual issues of voluntariness). United States v. Del Piano, 386 F. 2d 436 (C. A. 3d Cir. 1967), cert. denied, 392 U. S. 936 (1968); Lane v. United States, 373 F. 2d 570 (C. A. 5th Cir. 1967); U…
• Kennedy v. United States, 397 F.2d 16 (6th Cir. 1968)
  …uits. Halliday v. United States, 380 F. 2d 270 (1st Cir. 1967); Stephens v. United States, 376 F. 2d 23 (10th Cir. 1967), cert, denied, 389 U.S. 881, 88 S.Ct. 124, 19 L.Ed.2d 176; Brokaw v. United States, 368 F. 2d 508 (4th Cir. 1966), cert, denied, 386 U.S. 996, 87 S.Ct. 1316, 18 L.Ed.2d 344. In Rimanich v. United States, 357 F. 2d 537 (5th Cir. 1966) the Heiden rule was called a “novel doctrine”. We are not inclined to follow it. In Julian, counsel for defendant entered into stipulations which “* * * it…
• United States v. Boone, 543 F.2d 1090 (4th Cir. 1976)
  …rovided for in Rule 11,” as amended. Id. at 463-64, 89 S.Ct. at 1169. On remand the district court will permit the defendant to withdraw his plea of guilty and plead over. REVERSED. . In Brokaw v. United States, 368 F. 2d 508 (1966), cert. denied, 386 U.S. 996, 87 S.Ct. 1316, 18 L.Ed.2d 344 (1967), we held that, when a district court fails to comply literally with Rule 11 of the Federal Rules of Criminal Procedure, permission to plead over is not to be granted automatically. We put upon the government the…