U.S. v. SMITH

No. 93-50770.

60 F.3d 595 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1995.


Attorney(s) appearing for the Case

Susan Dunleavy, Los Angeles, CA, for defendant-appellant.

J. Daniel McCurrie, Asst. U.S. Atty., Santa Ana, CA, for plaintiff-appellee.

Before CANBY, LEAVY and T.G. NELSON, Circuit Judges.


CANBY, Circuit Judge:

I.

James Earl Smith appeals his conviction for bank robbery, entered upon his plea of guilty. He argues that his plea must be set aside because the district court failed to explain the nature of the charges to him in open court, as required by Fed.R.Crim.P. 11(c)(1). We vacate Smith's plea and conviction, and remand for entry of a new plea and further appropriate proceedings.

II.

Before proceeding to the merits, we...

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