U.S. Court of Appeals for the Fifth Circuit, 1972

United States v. Travis Elmer Rushing

United States v. Travis Elmer Rushing
U.S. Court of Appeals for the Fifth Circuit · Decided May 23, 1972 · Brown, Goldberg, Morgan
456 F.2d 1294 (Federal Reporter, Second Series)

United States v. Travis Elmer Rushing

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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