Smith v. United States

OPINION AND ORDER

LEDDY, Chief Judge.

I. FACTS.

Petitioner William J. Smith, Jr. moves this Court pursuant to 28 U.S.C.A. § 2255 to vacate his sentence and conviction. Petitioner alleges that a plea of guilty was accepted by the late Honorable Ernest W. Gibson in violation of revised Rule 11 of the Federal Rules of Criminal Procedure and that his plea of guilty was not voluntary nor made with understanding of the nature of the charge and that there was no finding by this Court that a factual basis existed for acceptance of the plea.

II. THE APPLICATION OF RULE 11

Rule 11 of the Federal Rules of…