Government of the Canal Zone v. Manuel Tobar T. (Tobar)
This text of 565 F.2d 1321 (Government of the Canal Zone v. Manuel Tobar T. (Tobar)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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565 F.2d 1321, 1978 U.S. App. LEXIS 13116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-canal-zone-v-manuel-tobar-t-tobar-ca5-1978.