Lee Jackson Keel v. United States

ALVIN B. RUBIN, Circuit Judge, with whom CHARLES CLARK and TJOFLAT, Circuit Judges,

join concurring:

I concur both in the result reached, and in the Court’s decision, when Rule 11 noncompliance has been shown, to distinguish collateral attacks under § 2255 from direct appeals. However, because a major purpose of the Rule, as amended in 1975, was prophylactic, e. g., United States v. Clark, 5 Cir. 1978, 574 F.2d 1357, 1358,1 the validity of a test dependent on the manner in which, or the time when, the transgression is asserted, is not self-evident. I would, therefore, not merely adopt the…