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U.S. v. DAMON

No. 96-4378.

191 F.3d 561 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin J. DAMON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1999.

As Amended: September 20, 1999.

Attorney(s) appearing for the Case

ARGUED: Stephen Clayton Gordon, Federal Public Defender's Office, Raleigh, North Carolina, for Appellant. David John Novak, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: William Arthur Webb, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Helen F. Fahey, United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Remanded by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge KING joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

During Marvin Damon's Rule 11 hearing on the entry of his guilty plea, he told the district court that he was under the influence of an antidepressant drug. The court did not make any inquiry about the drug's effect on Damon, but went on to accept his plea. Damon now challenges...

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