United States v. Mario Bernal

W. EUGENE DAVIS, Circuit Judge:

Appellant Mario Bernal appeals his conviction for distributing cocaine in violation of 21 U.S.C. § 841(a)(1) (1970), 1 to which he pleaded guilty, on grounds that the district court failed to comply with Fed.R.Crim.P. 11 (Rule 11). We reverse and remand.

I

Appellant was indicted on four counts of narcotics violations, including one count of conspiracy to distribute cocaine and three counts of cocaine distribution. In late August 1984, Bernal pleaded not guilty to these charges. But at a rearraignment hearing in October, Bernal entered into a written plea agreement…