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Government of Canal Zone v. Tobar T

United States Court of Appeals, Fifth Circuit
Jan 10, 1978
565 F.2d 1321 (5th Cir. 1978)

Summary

In Tobar, defendant was wrongly advised that the maximum allowable sentence was 15 years, when it was actually life imprisonment.

Summary of this case from KEEL v. UNITED STATES

Opinion

No. 77-5404. Summary Calendar.

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.

January 10, 1978.

Horace P. Rowley, III, New Orleans, La. (court-appointed), for defendant-appellant.

Frank J. Violanti, U.S. Atty., Wallace D. Baldwin, Asst. U.S. Atty., Balbao, Canal Zone, for plaintiff-appellee.

Appeal from the United States District Court for the District of the Canal Zone.

Before GOLDBERG, CLARK and FAY, Circuit Judges.



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.


Summaries of

Government of Canal Zone v. Tobar T

United States Court of Appeals, Fifth Circuit
Jan 10, 1978
565 F.2d 1321 (5th Cir. 1978)

In Tobar, defendant was wrongly advised that the maximum allowable sentence was 15 years, when it was actually life imprisonment.

Summary of this case from KEEL v. UNITED STATES
Case details for

Government of Canal Zone v. Tobar T

Case Details

Full title:GOVERNMENT OF THE CANAL ZONE, PLAINTIFF-APPELLEE, v. MANUEL TOBAR T…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jan 10, 1978

Citations

565 F.2d 1321 (5th Cir. 1978)

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