Rafael Narberto Pardo Fernandez v. United States

The only issue requiring discussion in this appeal from denial of a § 2255 motion is whether under Rule 11 Fed.R.Crim.P. a defendant entering a guilty plea must be advised that he is ineligible for parole. In Trujillo v. United States, 5 Cir., 377 F.2d 266, cert. denied, 389 U.S. 899, 88 S.Ct, 224, 19 L.Ed.2d 221 (1967), this court held there was no such requirement, and that decision can be modified only by an en banc decision of the court. Sua sponte we took en banc United States v. Farias, 459 F.2d 738 (CA5, 1972), to determine whether Trujillo should any longer be followed, and we…