Legal Opinion
Robert Bye v. United States
Court of Appeals for the Second Circuit
Decided October 14, 1970No. 832, Docket 34375PublishedCited by 68 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
This appeal raises the question whether a person accused of a narcotics offense who pleads guilty to that offense, without knowledge that he will be ineligible for parole from the sentence he receives, enters his guilty plea voluntarily with an understanding of the consequences of the plea. We conclude that he does not.
Appellant Bye, along with a co-defendant, was indicted in 1966 on two counts under the narcotics laws, 21 U.S.C. §§ 173, 174. Desiring to change his plea to guilty, he was brought before Judge Tyler of the District Court for the Southern District…
2Cases cited23 opinions
- Brady v. United StatesSupreme Court of the United States · 1970
- McMann v. RichardsonSupreme Court of the United States · 1970
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Halliday v. United StatesSupreme Court of the United States · 1969
- Anthony Joseph Munich v. United StatesCourt of Appeals for the Ninth Circuit · 1964
18 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- United States v. Ivania Maria Couto, Also Known as Sealed Dft 35Court of Appeals for the Second Circuit · 2002
- Americo Michel v. United StatesCourt of Appeals for the Second Circuit · 1974
- Zhang v. United StatesCourt of Appeals for the Second Circuit · 2007
- United States v. William C. SmithCourt of Appeals for the Seventh Circuit · 1971
- Jesus Aguilera-Enriquez v. Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 1975
63 more not listed; retrieve them via the Exa API.