HARRIS v. UNITED STATES

No. 19751.

426 F.2d 99 (1970)

Thomas HARRIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

May 4, 1970.


Attorney(s) appearing for the Case

William T. Warner, Louisville, Ky., for petitioner-appellant.

John R. Wilson, Louisville, Ky., for petitioner-appellee; Ernest W. Rivers, U. S. Atty., John R. Wilson, Asst. U. S. Atty., Louisville, Ky., on brief.

Before CELEBREZZE, McCREE, and COMBS, Circuit Judges.


McCREE, Circuit Judge.

In this appeal from the denial of a motion to vacate sentence under 28 U.S. C. § 2255, petitioner contends that Federal Rule of Criminal Procedure 11 prohibited acceptance of his guilty plea because the trial judge did not inform him that ineligibility for parole was a statutory consequence of any sentence which could be imposed for the offense charged in the indictment. We agree.

The rule provides, in pertinent part, that the court...

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