Legal Opinion

Juan Kelsey v. United States

Court of Appeals for the Third Circuit

Decided September 13, 1973No. 72-2009PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Where defense counsel erroneously informs a defendant entering a plea of guilty that sentences in a bank robbery charge could be pyramided into a 75-year maximum, can it be said that the guilty plea was entered “voluntarily after proper advice and with full understanding of the circumstances”? 1 Following an evidentiary hearing in a § 2255 proceeding, the district court found that “any error was harmless beyond a reasonable doubt.” 2 We reverse.

Critical to the pronouncement of any sentence on multicount indictments under the federal bank robbery statute, 18 U.S.C. § 2113,…

3Cases cited9 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Prince v. United StatesSupreme Court of the United States · 1957
  4. United States v. John David WoodallCourt of Appeals for the Fifth Circuit · 1971
  5. Raymond S. Berry v. United StatesCourt of Appeals for the Third Circuit · 1969

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4Cited by25 opinions

  1. State v. TaylorSupreme Court of New Jersey · 1979
  2. Frank E. Bachner v. United States of America, (Two Cases). United States of America v. Frank E. BachnerCourt of Appeals for the Seventh Circuit · 1975
  3. Sherwood E. Roberts v. United StatesCourt of Appeals for the Third Circuit · 1974
  4. United States v. Simon HawthorneCourt of Appeals for the Third Circuit · 1976
  5. United States v. Electrodyne Systems CorporationCourt of Appeals for the Third Circuit · 1998

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