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UNITED STATES v. GRAY

No. 78-5237. Summary Calendar.

584 F.2d 96 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Elizabeth Enid GRAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1978.

Attorney(s) appearing for the Case

Steven G. Condos, George W. Gray, III, Dallas, Tex., for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Arnaldo N. Cavazos, Jr., James A. Rolfe, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This appeal from a conviction entered on a guilty plea challenges the trial court's procedure in accepting the plea on the basis of alleged noncompliance with Rule 11, Federal Rules of Criminal Procedure. When challenged on direct appeal, the trial court's failure to comply literally with the requirements of that rule obliges it to give the defendant an opportunity again to plead. Government of Canal Zone v. Tobar T., 5 Cir. 1978...

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