U.S. v. BROWN

No. 94-9387.

117 F.3d 471 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Neal BROWN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 21, 1997.


Attorney(s) appearing for the Case

Paul H. Schwartz, Atlanta, Georgia, for Defendant-Appellant.

Karl Knoche, Asst. U.S. Atty., Savannah, GA, for Plaintiff-Appellee.

Before ANDERSON and CARNES, Circuit Judges, and CUDAHY, Senior Circuit Judge.


CARNES, Circuit Judge:

This case turns directly upon application of the fundamental principle that to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made. We hold that a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed about the critical elements of the charged offense, even when that misinformation is the result of this Court's erroneous prior interpretation...

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