Legal Opinion

United States v. Abelardo Elenes Gastelum

Court of Appeals for the Ninth Circuit

Decided February 9, 1994No. 92-10492PublishedCited by 38 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

I. INTRODUCTION

On May 13, 1992, Abelardo Elenes Gaste-lum pleaded guilty to one count of conspiracy to possess cocaine with intent to distribute (21 U.S.C. § 846), and one count of possession of cocaine with intent to distribute (21 U.S.C. § 841(a)(1)). Although Fed.R.Crim.Pro. 11(c)(3) requires a district court to inform a defendant of certain constitutional rights “before accepting a plea of guilty,” the court below did not inform Gastelum of those rights until after it had already accepted his guilty plea. The court tried to correct its mistake by subsequently…

2Cases cited6 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. United States v. Reink KamerCourt of Appeals for the Ninth Circuit · 1986
  4. United States v. RubalcabaCourt of Appeals for the Ninth Circuit · 1987
  5. United States v. Jacobo GraibeCourt of Appeals for the Ninth Circuit · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. United States v. James Earl SmithCourt of Appeals for the Ninth Circuit · 1995
  2. United States v. Jeffrey LittlejohnCourt of Appeals for the Ninth Circuit · 2000
  3. UNITED STATES of America, Plaintiff-Appellee, v. Oliver ODEDO, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  4. United States v. Alphonso VonnCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. Frank Jimenez-Dominguez, A.K.A. Ramon Santos, A.K.A. Frank Martin Jimenez, A.K.A. Frank Jimenez, A.K.A. Frank Dominquez JimenezCourt of Appeals for the Ninth Circuit · 2002

33 more not listed; retrieve them via the Exa API.

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