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GOVERNMENT OF CANAL ZONE v. TOBAR T

United States Court of Appeals, Fifth Circuit.
Jan 10, 1978
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PER CURIAM:

Manuel Tobar pled guilty to the charge of burglary enhanced by the Canal Zone's habitual criminal statute, Title 6 Canal Zone Code ยง 113. When pleading guilty, appellant was wrongly advised that the maximum allowable sentence was fifteen years when it is life imprisonment. Rule 11(c)(1), Federal Rules of Criminal Procedure, mandates that a defendant pleading guilty be advised of the maximum sentence allowed by law.

Because the district court failed to comply with Rule 11 in accepting Tobar's guilty plea, Tobar must be allowed to plead anew. Sierra v. Government of Canal Zone, 5 Cir. 1977, 546 F.2d 77; McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); see United States v. Journet, 2 Cir. 1976, 544 F.2d 633.

REVERSED AND REMANDED.