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U.S. v. BERNAL

No. 87-1930.

861 F.2d 434 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Mario BERNAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1988.

Attorney(s) appearing for the Case

G. Luke Ashley, Dallas, Tex., Court appointed, for defendant-appellant.

Mario A. Bernal, Tucson, Ariz., pro se.

Andrew Levchuk, Dept. of Justice Criminal Div., Appellate Section, Washington, D.C., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant Mario Bernal appeals his conviction for distributing cocaine in violation of 21 U.S.C. § 841(a)(1) (1970),1 to which he pleaded guilty, on grounds that the district court failed to comply with Fed.R.Crim.P. 11 (Rule 11). We reverse and remand.

I.

Appellant was indicted on four counts of narcotics violations, including one count of conspiracy to distribute cocaine and three...

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