United States v. Fo

130 F.2d 56 (3rd. Cir. 1942)

Facts

Fox (D), Davis, and Kaufman were charged for conspiracy. The Grand Jury did not know who else the three were conspiring with. D agreed to testify, pleading guilty. Later, nolle prosequi (no prosecution) was entered for the charges against the other two. D then wished to withdraw his plea and vacate his conviction. He was denied by the court. D appealed, claiming that since his co-conspirators were given nolle prosequi, then his conviction should be vacated also.