HORSLEY v. UNITED STATES

No. 77-2297.

583 F.2d 670 (1978)

Howard HORSLEY, Appellant, v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided August 28, 1978.


Attorney(s) appearing for the Case

G. William Bills, Jr., Pittsburgh, Pa., for appellant.

Blair A. Griffith, U. S. Atty., David B. Atkins, Jr., Bruce A. Antkowiak, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.


Submitted under Third Circuit Rule 12(6) May 23, 1978.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal from the district court's denial of Howard Horsley's motion pursuant to 28 U.S.C. § 2255 presents the question whether the trial judge's failure personally to advise an accused of the nature and elements of the offense with which he was charged and to which he pleaded guilty requires that plea to be vacated. Because the record reveals...

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