neutral
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published
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UNITED STATES of America, Plaintiff-Appellee,
v.
Travis Elmer RUSHING, Defendant-Appellant
v.
Travis Elmer RUSHING, Defendant-Appellant
71-2916.
Court of Appeals for the Fifth Circuit.
May 23, 1972.
Published opinion
456 F.2d 1294
George M. Leppert, New Orleans, La., (Court-appointed), for defendant-appellant., Donald E. Walter, U. S. Atty., Paul Lynch, Asst. U. S. Atty., for plaintiff-appellee.
Brown, Goldberg, Morgan.
Cited by 2 opinions | Published
PER CURIAM:
On this direct appeal, a review of the record indicates that the district court failed to comply with Rule 11, Federal Rules of Criminal Procedure, in that no inquiry was made of defendant to determine whether there was a factual basis for the plea of guilty. The failure of the court below to comply with Rule 11 constituted reversible error entitling the defendant to plead anew. See McCarthy v. United States, 1969, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418.
Reversed.