MR. SUTTON: May the record show that if the Court accepts this plea to count 3 which we understand to be a non-mandatory count, sir, at the time of sentencing the Government will ask the Court to dismiss counts 1 and 2.
THE COURT: Are you prepared to change the plea now?
MR. MARCONE: We are, Your Honor.
THE COURT: Well, I will have some questions.
ANNA ZAMPITELLA, was examined as follows:
BY THE COURT:
Q Now, Mrs. Zampitella you have read the indictment and are aware of the charge against you?
A Yes, Your Honor.
Q You have discussed it with counsel, I presume?
Q And you admit the allegations contained in Count No. 3?
Q You do this without any reservation whatsoever?
A Yes, I do.
Q Are you mentally fit to decide what to do under these circumstances?
A Yes, I am.
Q Have you received any promises or inducements from anyone to do this?
A None at all.
Q You are doing it entirely on your own?
Q Are you aware that under the Act applicable to this count which you are pleading to you may be sentenced to as much as ten years in prison and a fine of $20,000?
THE COURT: Very well. We will accept the plea.
THE CLERK: Anna Zampitella, you have heretofore pleaded not guilty to a three-count indictment, Criminal No. 70-241 charging you with conspiracy to import and importing a narcotic drug, and receiving, concealing and facilitating the transportation and concealment of the same; purchasing and distributing a narcotic drug not in the original stamped package. How say you now as to Count 3, guilty or not guilty?
THE COURT: Very well. We will order a pre-sentence report and continue bail. You will be notified when to appear for sentence.
Now, will you take Mrs. Zampitella over to the Probation Office, please Mr. Marcone?
MR. MARCONE: Yes, I will, Your Honor.
AND NOW, this 9th day of July, 1976, it is ORDERED that petitioner's motion to withdraw her plea of guilty be and hereby is GRANTED.
JOSEPH S. LORD, III, CH. J.
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