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U.S. v. MARTIROSIAN

No. 90-8327.

967 F.2d 1036 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Stefan MARTIROSIAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 27, 1992.

Attorney(s) appearing for the Case

Melvin J. Klein, Dallas, Tex., Stephen M. Orr, Austin, Tex., Stephen Hogg, Northridge, Cal., for defendant-appellant.

Richard L. Durbin, Jr., Philip Police, W.W. Torrey, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before POLITZ, Chief Judge, SMITH and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Having been convicted on a plea of guilty to possession of cocaine with intent to distribute, Stefan Martirosian's primary contention on appeal is that the district court's failure, in accepting his plea, to inform him of the mandatory minimum penalty provided by law for the offense, as mandated by Fed.R.Crim.P. 11(c)(1), constitutes a complete failure to address a Rule 11 core concern, requiring that he be allowed to plead anew. We VACATE...

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