Little v. Warden

OPINION

The United States District Court for the District of Nevada certified the following question for this court’s determination: “Is a conviction of sexual assault infirm when it is based on a guilty plea in which the defendant was advised of the mandatory minimum sentence but was not advised that the crime was nonproba-tional?” We conclude that a defendant must be aware that his offense is nonprobational prior to entering his guilty plea because it is a direct consequence arising from the plea. However, in so concluding, we emphasize that in considering whether a particular defendant was…