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GODWIN v. UNITED STATES

No. 563, Docket 81-2303.

687 F.2d 585 (1982)

James GODWIN, Defendant-Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 30, 1982.

Attorney(s) appearing for the Case

Mel A. Sachs, New York City, for defendant-appellant.

Michael L. Tabak, Asst. U. S. Atty., New York City (John S. Martin, U. S. Atty., and Robert S. Litt, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before OAKES, NEWMAN, and WINTER, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal from a denial of a collateral attack upon a federal conviction illustrates the need for careful compliance with the requirements of Rule 11 of the Federal Rules of Criminal Procedure that the trial court must (a) inform the defendant and determine that he understands the nature of the charge to which the plea is offered, Rule 11(c)(1), and (b) satisfy itself that there is a factual basis for the plea, Rule 11(f).

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