United States v. Alan Neal Scott

Alan Neal Scott filed this petition for a writ of habeas corpus seeking to vacate the sentence imposed upon him after he pled guilty. Scott contended that his guilty plea was involuntary because the district court incorrectly informed him of the maximum possible sentence. The district judge adopted the magistrate’s recommendation and denied the habeas corpus petition. We reverse and remand for further proceedings.

On September 13, 1974, Scott entered a plea of guilty to one count of mail fraud. 18 U.S.C. § 1341. Prior to accepting the plea, the trial judge, in accordance with Rule 11,…