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HERRERA v. UNITED STATES

No. 74-2132.

507 F.2d 143 (1975)

Benjamin HERRERA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1975.

Attorney(s) appearing for the Case

Lawrence R. Metsch, Miami, Fla. (Court-appointed), for petitioner-appellant.

Robert W. Rust, U. S. Atty., Joel C. Fanning, James Whitten, Asst. U. S. Attys., Miami, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

PER CURIAM:

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21 U.S.C.A. §§ 173 and 174, to disclose that he would be ineligible for parole because of the then effective but since repealed 26 U.S.C.A. § 7237(d).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...

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