Juan Kelsey v. United States
Court of Appeals for the Third Circuit
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
- Brady v. United StatesSupreme Court of the United States · 1970
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Prince v. United StatesSupreme Court of the United States · 1957
- United States v. John David WoodallCourt of Appeals for the Fifth Circuit · 1971
- Raymond S. Berry v. United StatesCourt of Appeals for the Third Circuit · 1969
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4Cited by25 opinions
- State v. TaylorSupreme Court of New Jersey · 1979
- 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
- Sherwood E. Roberts v. United StatesCourt of Appeals for the Third Circuit · 1974
- United States v. Simon HawthorneCourt of Appeals for the Third Circuit · 1976
- United States v. Electrodyne Systems CorporationCourt of Appeals for the Third Circuit · 1998
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