United States v. Justo Farias

First appearing before a panel of this Court on appeal from denial below of a F.R.Crim.P. 32(d) motion to withdraw a guilty plea,1 this case was affirmed in light of our earlier decision in Trujillo v. United States, 5 Cir., 1967, 377 F.2d 266, cert. denied, 389 U.S. 899, 88 S.Ct. 224, 19 L.Ed.2d 221. The Court, however, sua sponte took the case en banc to determine whether Trujillo should any longer be followed in its holding that the ineligibility for parole of one convicted of certain narcotics crimes is not a “consequence of a plea of guilty,” F.R.Crim. P. 11, so that on a guilty plea…