Legal Opinion
United States v. James Earl Smith
Court of Appeals for the Ninth Circuit
Decided July 17, 1995No. 93-50770PublishedCited by 51 opinions
1Opinion of the Court
CANBY, Circuit Judge:
I
James Earl Smith appeals his conviction for bank robbery, entered upon his plea of guilty. He argues that his plea must be set aside because the district court failed to explain the nature of the charges to him in open court, as required by Fed.R.Crim.P. 11(c)(1). We vacate Smith’s plea and conviction, and remand for entry of a new plea and further appropriate proceedings.
II
Before proceeding to the merits, we address a threshold jurisdictional issue. Smith filed his notice of appeal seven days late. We remanded his case to the district court for a determination whether…
2Cases cited12 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- United States v. Michael Paul HouserCourt of Appeals for the Ninth Circuit · 1986
- United States v. Kenneth R. BruceCourt of Appeals for the Ninth Circuit · 1992
- United States v. Reink KamerCourt of Appeals for the Ninth Circuit · 1986
- United States v. Warren James SharpCourt of Appeals for the Ninth Circuit · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- UNITED STATES of America, Plaintiff-Appellee, v. Francisco AGUILAR-MUNIZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
- United States v. Frido SeesingCourt of Appeals for the Ninth Circuit · 2001
- United States v. Francisco Alonso Portillo-CanoCourt of Appeals for the Ninth Circuit · 1999
- United States v. DepaceCourt of Appeals for the Eleventh Circuit · 1997
- United States v. JonesCourt of Appeals for the Eleventh Circuit · 1998
46 more not listed; retrieve them via the Exa API.