Government of the Canal Zone v. Manuel Tobar T. (Tobar)

U.S. Court of Appeals for the Fifth Circuit
Government of the Canal Zone v. Manuel Tobar T. (Tobar), 565 F.2d 1321 (5th Cir. 1978)
1978 U.S. App. LEXIS 13116

Government of the Canal Zone v. Manuel Tobar T. (Tobar)

Opinion

PER CURIAM:

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.

Reference

Full Case Name
GOVERNMENT OF the CANAL ZONE, Plaintiff-Appellee, v. Manuel TOBAR T. (Tobar), Defendant-Appellant
Cited By
12 cases
Status
Published