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United States v. Rushing

United States Court of Appeals, Fifth Circuit
May 23, 1972
456 F.2d 1294 (5th Cir. 1972)

Opinion

No. 71-2916. Summary Calendar.

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

March 28, 1972. Rehearing Denied May 23, 1972.

George M. Leppert, New Orleans, La., (Court-appointed), for defendant-appellant.

Donald E. Walter, U.S. Atty., Paul Lynch, Asst. U.S. Atty., for plaintiff-appellee.

Appeal from the United States District Court for the Western District of Louisiana.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.



On this direct appeal, a review of the record indicates that the district court failed to comply with Rule 11, Federal Rules of Criminal Procedure, in that no inquiry was made of defendant to determine whether there was a factual basis for the plea of guilty. The failure of the court below to comply with Rule 11 constituted reversible error entitling the defendant to plead anew. See McCarthy v. United States, 1969, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418.

Reversed.


Summaries of

United States v. Rushing

United States Court of Appeals, Fifth Circuit
May 23, 1972
456 F.2d 1294 (5th Cir. 1972)
Case details for

United States v. Rushing

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. TRAVIS ELMER RUSHING…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 23, 1972

Citations

456 F.2d 1294 (5th Cir. 1972)

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