Legal Opinion

United States v. Medina-Silverio

Court of Appeals for the First Circuit

Decided July 19, 1994No. 93-1800PublishedCited by 49 opinions

1Opinion of the Court

CYR, Circuit Judge.

The only claim we need address in this appeal is whether the district court complied with the procedural safeguards mandated by Criminal Rule 11 prior to accepting appellant’s guilty plea to one felony count of illegal reentry into the United States following deportation. We conclude that the plea acceptance procedure adopted by the district court met neither the letter nor the spirit of Rule 11. As appellant’s guilty plea was invalid, we remand to the district court for further proceedings.

I

DISCUSSION

The Rule 11 hearing transcript discloses the following colloquy:

THE…

2Cases cited10 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Harold Omar Mack v. United StatesCourt of Appeals for the First Circuit · 1980
  3. United States v. Francisco J. Parra-IbanezCourt of Appeals for the First Circuit · 1991
  4. United States v. Raymond P. AllardCourt of Appeals for the First Circuit · 1991
  5. Illinois v. MahaffeySupreme Court of the United States · 1989

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

3Cited by49 opinions

  1. United States v. Cotal-CrespoCourt of Appeals for the First Circuit · 1995
  2. United States v. PiperCourt of Appeals for the First Circuit · 1994
  3. United States v. Martinez MolinaCourt of Appeals for the First Circuit · 1995
  4. United States v. Marrero RiveraCourt of Appeals for the First Circuit · 1997
  5. United States v. RaineriCourt of Appeals for the First Circuit · 1994

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

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