Futterman v. United States, 11516
| Decision Date | 20 November 1952 |
| Docket Number | No. 11516,11517,11518.,11516 |
| Citation | 202 F.2d 185,91 US App. DC 331 |
| Parties | FUTTERMAN v. UNITED STATES. WEISFELD v. UNITED STATES. MAIZEL v. UNITED STATES. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
T. Emmett McKenzie, Washington, D. C., with whom Oliver Wendell Holmes Hughes, Washington, D. C., was on the brief, for appellants. Domenic Tesauro, Chicago, Ill., also entered an appearance on behalf of the appellants.
Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and William Hitz, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.
Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.
Appellants were indicted for knowingly receiving stolen goods. Each pleaded not guilty and filed a motion to suppress evidence. Later, they withdrew these pleadings and filed pleas of guilty to one of the two counts of their indictments. After the imposition of sentences and the denial of motions to reduce, appellants replaced their counsel and filed motions for leave to withdraw their pleas of guilty under Rule 32(d) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., "to correct manifest injustice"1. These motions and supporting affidavits charged in substance that: (1) appellants did not know that the property which they were charged with receiving had been stolen; (2) crucial evidence was obtained by an illegal search and seizure; (3) appellants misunderstood their original counsel's exposition of the applicable law in regard to these defenses; and (4) appellants withdrew their pleas of not guilty upon his representations that because they had no prior criminal records the court would grant probation following a plea of guilty.
The Government filed a counter-affidavit by appellants' original counsel flatly denying these charges. After hearing on the matter, the motions were denied and these appeals followed from that action.
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