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2d 1022
Paul Joseph Harvey appeals his conviction of conspiring to forge and utter
United States Treasury checks. He raises only one issue: did the district judge
abuse his discretion in refusing to permit him to withdraw his plea of guilty?
Harvey initially pleaded not guilty to a five-count indictment charging him with
two counts each of forging and uttering United States Treasury checks in
violation of 18 U.S.C. Sec. 495 and one count of conspiring to forge and utter
the checks in violation of 18 U.S.C. Sec. 371. Two weeks later, he moved to
withdraw his plea of not guilty and enter a plea of guilty to the conspiracy
count. The court then rearraigned him, ascertaining that his plea of guilty was
voluntarily and intelligently made and that it had a factual basis. The court also
learned that Harvey, on the advice of his counsel, had entered into a plea
bargain for dismissal of the four substantive counts in the indictment in
exchange for a plea of guilty to conspiracy. He assured the court that no other
promises or threats had been made to induce his plea. After the court accepted
the plea of guilty, the government moved to dismiss the substantive counts. The
court promptly granted the motion, telling Harvey, "you are released and
discharged insofar as those counts are concerned."1
3
Affirmed.