Joseph K. Majko v. United States

On April 24, 1970, petitioner pleaded guilty to violations of 18 U.S.C. §§ 7 and 13. The date is important, because it was more than one year after the Supreme Court’s decision setting out guidelines for the acceptance of guilty pleas per Rule 11, Fed.R.Crim.P. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969).

We believe it is our duty to review the record for compliance with Rule 11, although petitioner did not specifically raise the McCarthy issue in his pro se § 2255 petition (nor did the U.S. Attorney call it to our attention). United States v. Briscoe, 428…