United States v. Frank Sapp

GEWIN, Circuit Judge:

The appellant Sapp was charged with violating federal narcotics statutes in a seven-count indictment. He pled guilty to Count 2 which charged that he did unlawfully, knowingly and willfully, with intent to defraud the United States, smuggle and clandestinely introduce into the United States approximately 15 pounds of marijuana without having such marijuana invoiced in viola - tion of Title 21 U.S.C. § 176a. He now contends that the judgment Of conviction should be set aside because: (1) there was a failure to comply with Rule 11 F.R.Crim.P. because his guilty plea was not…