McCLURE v. UNITED STATES

Nos. 21644-A, 21644-B, and 21674.

389 F.2d 279 (1968)

James Daniel McCLURE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 22, 1968.


Attorney(s) appearing for the Case

Hardy Myers, Jr., (argued), Portland, Or., for appellant.

Mallory C. Walker (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Charles Habernigg, Asst. U. S. Atty., Portland, Or., for appellee.

Before HAMLEY, BROWNING, and CARTER, Circuit Judges.


PER CURIAM:

Appellant complains that the district court did not comply with the mandate of Rule 11, Fed.R.Crim.P., when the court accepted appellant's plea of guilty to a charge of unauthorized wearing of the uniform of a second lieutenant of the United States Air Force. 18 U.S.C. § 702 (1964).

It appears from the record that the court failed to advise appellant that he could be sentenced as a youth offender under 18 U.S.C. § 5010(b) (1964). The...

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