JAMES L. COODY, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
JAMES L. COODY, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
588 F.2d 1089
Court of Appeals for the Fifth Circuit (1979)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
We have reconsidered our decision in light of the court’s en banc opinion in Keel v. United States, 5 Cir. 1978, 585 F. 2d 110, 113. Although plaintiff established that the trial court failed to comply literally with the requirements of Rule 11, no prejudice resulted from this failure in that the error was not of sufficient magnitude to amount to “a fundamental defect which inherently results in the miscarriage of justice,” nor, if the test mentioned in Judge Rubin’s concurring opinion is applied, was it “likely to have been a material factor affecting the petitioner’s decision to plead guilty.” The government has borne the burden of establishing that the defendant in fact understood the charges against him and the maximum penalty that could be imposed. Under these circumstances, the court’s failure to comply literally with Rule 11 could not have been a material factor in defendant’s decision to plead guilty.
So much of the panel opinion as reversed the district court and remanded for a new trial is vacated, and the district court is AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Reyes-Ruiz, 868 F.2d 698 (5th Cir. 1989)
-
United States v. Molina-Uribe, 853 F.2d 1193 (5th Cir. 1988)
-
Phillips v. A.I. Murphy and Michael Turpen, 796 F.2d 1303 (10th Cir. 1986)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Keel v. United States, 585 F.2d 110 (5th Cir. 1978)
- Coody v. United States, 576 F.2d 106 (5th Cir. 1978)