Legal Opinion

United States v. Gino Victor Del Prete

Court of Appeals for the Ninth Circuit

Decided February 15, 1978No. 77-2757PublishedCited by 20 opinions

1Per curiam

This is an appeal from a judgment of conviction entered after a plea of guilty. Appellant pleaded guilty to one count of distributing heroin in violation of 21 U.S.C. § 841(a)(1). Before accepting the plea, the district judge advised Del Prete as to some matters specified in rule 11 of the Federal Rules of Criminal Procedure; but as to other matters, and in particular the statutory requirement of a special parole term, an explanation was incomplete or omitted. We vacate the conviction and remand to allow the defendant to plead anew.

Rule 11(c)(1) requires that before accepting a plea of guilty…

2Cases cited8 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. United States v. Michael JournetCourt of Appeals for the Second Circuit · 1976
  3. Edward Bunker v. Jack WiseCourt of Appeals for the Ninth Circuit · 1977
  4. United States v. Walter Harris, Sr.Court of Appeals for the Ninth Circuit · 1976
  5. United States v. Walter Wolak, Jr.Court of Appeals for the Sixth Circuit · 1975

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3Cited by20 opinions

  1. Chamberlain v. StateCourt of Criminal Appeals of Tennessee · 1990
  2. State v. FengSupreme Court of Rhode Island · 1980
  3. State v. FluhrSupreme Court of Iowa · 1980
  4. United States v. Carlos A. Sanclemente-BejaranoCourt of Appeals for the Ninth Circuit · 1988
  5. United States v. Medina-SilverioCourt of Appeals for the First Circuit · 1994

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