United States v. Travis Elmer Rushing

Fifth Circuit

United States v. Travis Elmer Rushing

456 F.2d 1294

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 23, 1972

Docket71-2916

StatusPublished

Cited by2 cases

This text of 456 F.2d 1294 (United States v. Travis Elmer Rushing) 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.

Bluebook

United States v. Travis Elmer Rushing, 456 F.2d 1294 (5th Cir. 1972).

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Opinion

PER CURIAM:

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.

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PER CURIAM:

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.

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456 F.2d 1294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-travis-elmer-rushing-ca5-1972.

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