GOVERNMENT OF THE CANAL ZONE, PLAINTIFF-APPELLEE,
v.
MANUEL TOBAR T. (TOBAR), DEFENDANT-APPELLANT
GOVERNMENT OF THE CANAL ZONE, PLAINTIFF-APPELLEE,
MANUEL TOBAR T. (TOBAR), DEFENDANT-APPELLANT
565 F.2d 1321
Court of Appeals for the Fifth Circuit (1978)
Negative Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM:
Manuel Tobar pled guilty to the charge of burglary enhanced by the Canal Zone’s habitual criminal statute, Title 6 Canal Zone Code § 113. When pleading guilty, appellant was wrongly advised that the maximum allowable sentence was fifteen years when it is life imprisonment. Rule 11(c)(1), Federal Rules of Criminal Procedure, mandates that a defendant pleading guilty be advised of the maximum sentence allowed by law.
Because the district court failed to comply with Rule 11 in accepting Tobar’s guilty plea, Tobar must be allowed to plead anew. Sierra v. Government of Canal Zone, 5 Cir. 1977, 546 F. 2d 77; McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); see United States v. Journet, 2 Cir. 1976, 544 F. 2d 633.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Dayton, 604 F.2d 931 (5th Cir. 1979)
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Keel v. United States, 585 F.2d 110 (5th Cir. 1978)
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United States v. Colunga, 786 F.2d 655 (5th Cir. 1986)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- McCARTHY v. United States, 394 U.S. 459 (U.S. 1969)
- United States v. Journet, 544 F.2d 633 (2d Cir. 1976)
- Sierra v. The Gov't OF the Canal Zone, 546 F.2d 77 (5th Cir. 1977)