Court of Appeals for the Second Circuit September 12, 1963, 420, Docket 28418 (United States v. Samuel J. Smiley)

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.