Legal Opinion

David Sierra, Jr. v. The Government of the Canal Zone

Court of Appeals for the Fifth Circuit

Decided January 27, 1977No. 76-1369PublishedCited by 30 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

Appellant David Sierra, Jr., was charged by information with first degree murder 1 and possession of marijuana with intent to distribute. 2 Sierra pleaded guilty in federal district court to the marijuana charge and to second degree murder. He subsequently moved to vacate his sentences, 3 and. the district court denied the motion. We reverse. The district court’s unmeticulous questioning of Sierra about the accused’s understanding of the nature of the charges against him did not satisfy Rule 11 of the Federal Rules of Criminal Procedure.

I. The Value of Rule 11.

Ru…

2Cases cited9 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Henderson v. MorganSupreme Court of the United States · 1976
  4. Wilbert Herring v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  5. William Lee v. Joseph S. Hopper, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1974

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3Cited by30 opinions

  1. United States v. Winston Eugene DaytonCourt of Appeals for the Fifth Circuit · 1979
  2. United States v. Ruben Garza CoronadoCourt of Appeals for the Fifth Circuit · 1977
  3. United States v. Melvin C. WetterlinCourt of Appeals for the Seventh Circuit · 1978
  4. State v. FluhrSupreme Court of Iowa · 1980
  5. United States v. Kay Lynn FryeCourt of Appeals for the Seventh Circuit · 1984

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

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