GOVERNMENT OF CANAL ZONE v. TOBAR T.

No. 77-5404 Summary Calendar.

565 F.2d 1321 (1978)

GOVERNMENT OF the CANAL ZONE, Plaintiff-Appellee, v. Manuel TOBAR T. (Tobar), Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 1978.


Attorney(s) appearing for the Case

Horace P. Rowley, III, New Orleans, La. (court-appointed), for defendant-appellant.

Frank J. Violanti, U. S. Atty., Wallace D. Baldwin, Asst. U. S. Atty., Balbao, Canal Zone, for plaintiff-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

Manuel Tobar pled guilty to the charge of burglary enhanced by the Canal Zone's habitual criminal statute, Title 6 Canal Zone Code § 113. When pleading guilty, appellant was wrongly advised that the maximum allowable sentence was fifteen years when it is life imprisonment. Rule 11(c)(1), Federal Rules of Criminal Procedure, mandates that a defendant pleading guilty be advised of the maximum sentence allowed by law.

Because the district court...

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