Alvin Olanda Gilbert v. United States

This case demonstrates the wisdom of the requirement of F.R.Crim.P. Rule 11 that before accepting a plea of guilty the Trial Court assure himself with record evidence that there is a factual basis for a plea of guilty. Cf. McCarthy v. United States, 1969, 394 U.S. 459, 467, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418, 426; United States v. Frontero, 5 Cir., 1971, 452 F.2d 406. The District Court having failed to do so, we must direct that the conviction resting on the invalid plea be vacated and the petitioner be allowed to replead.

Petitioner in this appeal from the denial of relief under 28 U.S.C.A.…