Benjamin Herrera v. United States

Herrera seeks relief under 28 U.S.C.A. § 2255 for the failure of the District Judge who accepted Herrera’s plea of guilty for pre-May 1, 1971 violation of 21 U.S.C.A. §§ 173 and 174, to disclose that he would be ineligible for parole because of the then effective but since repealed 26 U.S.C.A. § 7237(d). F.R.Crim.P. 11. It is the law in this Circuit that Rule 11 does not require a District Judge to inform a defendant pleading guilty that ineligibility for parole is a “consequence” of that plea, Trujillo v. United States, 5 Cir., 377 F.2d 266, cert. denied, 1967, 389 U.S. 899, 88 S.Ct. 224, 19…