United States v. Cole, Reginald. Appeal of Reginald Cole, 813 F.2d 43 (3d Cir. 1987). · Go Syfert
United States v. Cole, Reginald. Appeal of Reginald Cole, 813 F.2d 43 (3d Cir. 1987). Cases Citing This Book View Copy Cite
119 citation events (49 in the last 25 years) across 25 distinct courts.
Strongest positive: United States v. McIntosh (ca10, 2022-03-21)
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Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. McIntosh
10th Cir. · 2022 · confidence medium
Those cases are inapposite, however, given that the question here is what the district court needed to do to confirm the plea’s validity when the defendant actually claimed mental impairment due to lack of medication at the hearing, not merely after the fact. 15 Appellate Case: 20-5089 Document: 010110660067 Date Filed: 03/21/2022 Page: 16 F.3d 464, 470 (2d Cir. 2013); United States v. Savinon-Acosta, 232 F.3d 265, 268 (1st Cir. 2000); United States v. Damon, 191 F.3d 561, 565 (4th Cir. 1999); United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987).
discussed Cited as authority (rule) West v. May
D. Del. · 2022 · confidence medium
Rather, when presented with “significant evidence” that the defendant “has recently taken drugs, the court has the obligation to inquire further before 9 See Riggins v. Nevada, 504 U.S. 127, 137 (1992). determining that a competency hearing is necessary.” United States v. Cole, 813 F.2d 43, 47 (3d Cir. 1987) (emphasis added).
discussed Cited as authority (rule) State v. Johnson
Del. Super. Ct. · 2020 · confidence medium
When a defendant has pleaded guilty, he must show that counsel’s actions were so prejudicial that there is a reasonable probability that, but for counsel’s errors, the defendant would not have °° Weeks v. State, 653 A.2d 266, 270 (Del. 1995), quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987). 30 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed Cited as authority (rule) Miller v. United States
N.D.W. Va. · 2019 · confidence medium
Rule 11 therefore “counsels a district court to make further inquiry into a defendant’s competence to enter a guilty plea once [it] has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights.” Id. at 564 (quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987)).
examined Cited as authority (rule) United States v. Huey Carter (3×) also: Cited "see"
9th Cir. · 2015 · confidence medium
United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987).
discussed Cited as authority (rule) United States v. Walter Cardin
6th Cir. · 2014 · confidence medium
Appx. 718, 719-20 (6th Cir.2012) (holding, in the context of a Rule 11 plea, “Once the district court learns that a defendant has recently ingested a substance capable of impairing his ability to knowingly and voluntarily plead, it must make an additional inquiry regarding the defendant’s competence.” (citing United States v. Parra-Ibanez, 936 F.2d 588, 596 (1st Cir.1991); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987))). 2 With respect to the district court’s acceptance of Cardin’s waiver, Cardin suggests that Shaw’s payment of his legal fees created a conflict between his c…
discussed Cited as authority (rule) United States v. Patricia Sawasky
6th Cir. · 2014 · confidence medium
“Once the district court learns that a defendant has recently ingested a substance capable of impairing his ability to knowingly and voluntarily plead, it must make an additional inquiry regarding the defendant’s competence.” United States v. Winnick, 490 Fed.Appx. 718, 719-20 (6th Cir.2012) 1 (citing United States v. Parra-Ibanez, 936 F.2d 588, 596 (1st Cir.1991); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987)).
cited Cited as authority (rule) United States v. Caramadre
D.R.I. · 2013 · confidence medium
Cf. United States v. Parrar-Ibanez, 936 F.2d 588, 589-90, 594-95 (1st Cir.1991); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987).
discussed Cited as authority (rule) State of Arizona v. Edward James Rose
Ariz. · 2013 · confidence medium
Rose relies on United States v. Cole, in which the Third Circuit stated that Rule 11 counsels a district court to make further inquiry into a defendant’s competence to enter a guilty plea once the court has been informed that the defendant has recently ingested drugs [in this ease heroin] or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights. 813 F.2d 43, 46 (3d Cir.1987). ¶ 36 We agree that a trial judge has a duty to “make further inquiry into a defendant’s competence” when the judge is aware that the defendant mig…
discussed Cited as authority (rule) State v. Kaulia
Haw. · 2013 · confidence medium
Federal courts employ similar procedures when the defendant indicates during a plea colloquy that he or she is taking medication. 17 In United States v. Cole, the Third Circuit held that it could not affirm the trial court’s finding that the defendant was competent to plead guilty due to the trial court’s “failure to pursue the issue of [the defendant’s] state of mind through further questioning” once the trial court was informed of the defendant’s recent drug use during the plea colloquy. 813 F.2d 43, 46 (3d Cir.1987).
cited Cited as authority (rule) United States v. Dante Winnick
6th Cir. · 2012 · confidence medium
See United States v. Parra-Ibanez, *720 936 F.2d 588, 596 (1st Cir.1991); United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987).
discussed Cited as authority (rule) United States v. Shannon Tuso
3rd Cir. · 2011 · confidence medium
We agree that the “ingestion of drugs is one of the circumstances relevant to whether a plea was knowing and voluntary.” (Br. of Appellant 8) (citing United States v. Cole, 813 F.2d 43, 46-47 (3d Cir.1987)).
cited Cited as authority (rule) United States v. Rollins
8th Cir. · 2009 · confidence medium
See United States v. Parra-Ibanez, 936 F.2d 588, 595-96 (1st Cir.1991); United States v. Cole, 813 F.2d 43, 47 (3d Cir.1987).
cited Cited as authority (rule) United States v. Tommy Rollins, Jr.
8th Cir. · 2009 · confidence medium
See United States v. Parra-Ibanez, 936 F.2d 588 , 595- 96 (1st Cir. 1991); United States v. Cole, 813 F.2d 43, 47 (3d Cir. 1987). -3- Rollins also appeals the sentence.
discussed Cited as authority (rule) United States v. Lessner (2×) also: Cited "see, e.g."
3rd Cir. · 2007 · confidence medium
Id. at 46, 47 .
discussed Cited as authority (rule) United States v. Lessner (2×) also: Cited "see, e.g."
3rd Cir. · 2007 · confidence medium
Id. at 46, 47 .
discussed Cited as authority (rule) Joseph Nara v. Frederick Frank (2×)
3rd Cir. · 2007 · confidence medium
A criminal defendant is competent to plead guilty if he has “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and “has a rational as well as factual understanding of the proceedings against him.” Godinez, 509 U.S. at 396 , 113 S.Ct. 2680 (citing Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987) (citing United States ex rel McGough v. Hewitt, 528 F.2d 339 , 342 n. 2 (3d Cir.1975)).
discussed Cited as authority (rule) Nara v. Frank (2×)
3rd Cir. · 2007 · confidence medium
A criminal defendant is competent to plead guilty if he has “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and “has a rational as well as factual understanding of the proceedings against him.” Godinez, 509 U.S. at 396 (citing Dusky v. United States, 362 U.S. 402 (1940)); United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987) (citing United States ex rel McGough v. Hewitt, 528 F.2d 339 , 342 n.2 (3d Cir. 1975)).
discussed Cited as authority (rule) State v. Beckstead
Utah · 2006 · confidence medium
This would be unwise. ¶ 16 While we agree that “[rjule 11 counsels a [sentencing] court to make further inquiry into a defendant’s competence to enter a guilty plea once the court has been informed that the defendant has recently ingested ... substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights,” United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987), we do not believe that such an inquiry must follow a specific line of questioning as mandated by the court of appeals.
discussed Cited as authority (rule) United States v. West-Bey
D. Maryland · 2002 · confidence medium
The above cited cases and the cases collected in United States v. Cole, 813 F.2d 43, 47 (3rd Cir.1987), identify other types of evidence relevant to Mr. WesL-Bey’s mental state during defense counsel’s representation of him, particularly during his discussions of the plea agreement and at the guilty plea hearing.
examined Cited as authority (rule) United States v. Marvin J. Damon (6×) also: Cited "see"
4th Cir. · 1999 · confidence medium
In United States v. Cole, 813 F.2d 43, 47 (3d Cir.1987), the Third Circuit held that “[w]here significant evidence does come to the attention of the district court that defendant has recently taken drugs, the court has the obligation to inquire further before determining that a competency hearing is not necessary.” That court elaborated: “Rule 11 counsels a district court to make further inquiry into a defendant’s competence to enter a guilty plea once the court has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make…
examined Cited as authority (rule) United States v. Damon (3×) also: Cited "see"
4th Cir. · 1999 · confidence medium
In United States v. Cole, 813 F.2d 43, 47 (3d Cir. 1987), the Third Circuit held that "[w]here significant evidence does come to the attention of the district court that defendant has recently taken drugs, the court has the obligation to inquire further before determining that a competency hearing is not necessary." That court elaborated: "Rule 11 counsels a district court to make further inquiry into a defendant's competence to enter a guilty plea once the court has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a know…
discussed Cited as authority (rule) United States v. Riddick
E.D. Pa. · 1998 · confidence medium
So, while it is true that “[w]here significant evidence does come to the attention of the district court that defendant has recently taken drugs, the court has the obligation to inquire further before determining that a competency hearing is not necessary,” United States v. Cole, 813 F.2d 43, 47 (1987), this court was not under any obligation to hold a competency hearing.
cited Cited as authority (rule) State v. Christensen
Kan. Ct. App. · 1997 · confidence medium
Christensen cites U.S. v. Cole, 813 F.2d 43, 46 (3d Cir. 1987), as support for her position that her pleas were not voluntary.
discussed Cited as authority (rule) United States v. Belle
1st Cir. · 1997 · confidence medium
P. 11, we quoted with approval from United States v. _____________ Cole, 813 F.2d 43, 46 (3d Cir. 1987) that once the court "has ____ been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights," this subject must be pursued.
discussed Cited as authority (rule) United States v. Belle
1st Cir. · 1997 · confidence medium
BALLIRO: I do not, your Honor. 18 THE COURT: Have you had sufficient time to discuss this matter fully with your attorney? 19 BELLE: Yes. 20 THE COURT: Are you satisfied with his representation of you? 21 BELLE: Yes. 22 After this exchange, the court found that "the plea of guilty has been knowledgeably offered with an understanding of its possible consequences." 23 In United States v. Parra-Ibanez, 936 F.2d 588, 594-95 (1st Cir.1991), after recognizing that the voluntariness of the plea is a core requirement of Fed.R.Crim.P. 11, we quoted with approval from United States v. Cole, 813 F.2d 43,…
discussed Cited as authority (rule) State v. Holland (2×)
Utah · 1996 · confidence medium
See, e.g., Griffin v. Lockhart, 935 F.2d 926, 931 (8th Cir.1991); United States v. Cole, 813 F.2d 43, 47-48 (3d Cir.1987); Blunt v. United States, 389 F.2d 545, 549 (D.C.Cir.1967); Leonard v. State, 658 P.2d 798, 800 (Alaska.Ct.App.1983); Scott v. State, 420 So.2d 595, 598 (Fla.1982); People v. Murphy, 160 Ill.App.3d 781 , 112 Ill.Dec. 295, 305 , 513 N.E.2d 904, 914 , appeal denied, 117 Ill.2d 550 , 115 Ill.Dec. 406 , 517 N.E.2d 1092 (1987); Hayden v. Commonwealth, 563 S.W.2d 720, 723 (Ky.1978); Commonwealth v. Hill, 375 Mass. 50 , 375 N.E.2d 1168, 1175 (1978); People v. Cartagena, 92 A.D.2d 9…
discussed Cited as authority (rule) Martin Carey v. United States (2×)
1st Cir. · 1995 · confidence medium
We have made clear that voluntariness does require that, once the court 6 "has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights", ... [it] must broaden its Rule 11 inquiry with a view to assessing the impact of the ingested substances on the defendant's capacity to understand the change-of-plea process and intelligently determine a proper course of action. 7 Id. (quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987)). 8 Although the district court did no…
discussed Cited as authority (rule) Carey v. United States
1st Cir. · 1995 · confidence medium
We have made clear that voluntariness does require that, once the court "has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights", . . . [it] must broaden its Rule 11 inquiry with a view to assessing the impact of the ingested substances on the defendant's capacity to understand the change-of-plea process and intelligently determine a proper course of action. -4- 4 Id. (quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir. ___ _____________ ____ 1987)).
discussed Cited as authority (rule) Carey v. United States
1st Cir. · 1995 · confidence medium
We have made clear that voluntariness does require that, once the court "has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights", . . . [it] must broaden its Rule 11 inquiry with a view to assessing the impact of the ingested substances on the defendant's capacity to understand the change-of-plea process and intelligently determine a proper course of action. -4- 4 Id. (quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987)).
discussed Cited as authority (rule) Weeks v. State
Del. · 1995 · confidence medium
Similarly, additional inquiry into a defendant’s competence to plead guilty is necessary “once the court has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights.” United States v. Cole, 3d Cir., 813 F.2d 43, 46 (1987). 1 Defendant cites no authority, nor have we found any, suggesting that a trial court must question a defendant as to the result of a psychiatric examination where the court is given no reason to doubt the defendant’s competence.
discussed Cited as authority (rule) United States v. Abreo
5th Cir. · 1994 · confidence medium
Cf. United States v. Daniels, 821 F.2d 76, 79 (1st Cir.1987) (defendant’s reluctant responses suggested to the trial court that defendant’s plea might not be voluntary, and the trial court should have undertaken a more searching inquiry); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987) (after the district court had been informed that defendant had recently ingested drugs, the district court should have made further inquiry into defendant’s competence to enter a guilty plea).
discussed Cited as authority (rule) State v. Blue
Conn. · 1994 · confidence medium
Ed. 2d 815 (1966), to order, on its own, an evidentiary hearing, or at least make some reasonable further inquiry; United States v. Cole, 813 F.2d 43, 47 (3d Cir. 1987); for the purpose of determining, under the circumstances, whether the defendant could knowingly, voluntarily and intelligently waive his constitutional rights by pleading guilty under the Alford doctrine. 7 The trial court, however, neither called for an evidentiary hearing nor made reasonable inquiry at any stage of these proceedings.
discussed Cited as authority (rule) United States of America, Appellee/cross-Appellant v. Stanley Charles Stewart, Appellant/cross-Appellee (2×)
3rd Cir. · 1992 · confidence medium
In United States v. Cole, 813 F.2d 43, 45-46 (3d Cir.1987), we set aside a guilty plea because the trial judge failed to make further inquiries about the defendant's competency after he admitted ingesting drugs the night before the plea took place.
cited Cited as authority (rule) Smith v. Freeman
3rd Cir. · 1989 · confidence medium
McCarthy v. United States, 394 U.S. 459, 466 , 89 S.Ct. 1166, 1170 , 22 L.Ed.2d 418 (1969); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987).
cited Cited as authority (rule) Smith v. Freeman
3rd Cir. · 1989 · confidence medium
McCarthy v. United States, 394 U.S. 459, 466 , 89 S.Ct. 1166, 1170 , 22 L.Ed.2d 418 (1969); United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987).
cited Cited as authority (rule) United States v. Marvin Goldberg
6th Cir. · 1988 · confidence medium
Cole, 813 F.2d at 48 (citation omitted) (citing United States v. Allen, 804 F.2d at 248).
cited Cited as authority (rule) United States v. Philip Rossillo
2d Cir. · 1988 · confidence medium
Id. at 46; see McCarthy, 394 U.S. at 466-67 , 89 S.Ct. at 1170-71 .
cited Cited "see" Roten v. Deloy
D. Del. · 2008 · signal: see · confidence high
See United States v. Cole, 813 F.2d 43 (3d Cir.1987); Miles v. Stainer, 108 F.3d 1109 (9th Cir.1997).
cited Cited "see" Jesus Miranda-Gonzalez v. United States
1st Cir. · 1999 · signal: accord · confidence high
Accord United States v. Cole, 813 F.2d 43, 46-47 (3d Cir.1987).
cited Cited "see" Miranda-Gonzalez v. United States
1st Cir. · 1999 · signal: accord · confidence high
Accord United States v. Cole, 813 F.2d 43, 46-47 (3d Cir. 1987).
cited Cited "see" Franklin Leon Bryan v. United States
6th Cir. · 1992 · signal: see · confidence high
See United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987). 7 Further, the issue of Bryan's sanity was fully litigated prior to his entering his guilty plea.
cited Cited "see" United States v. Francisco J. Parra-Ibanez
1st Cir. · 1991 · signal: see · confidence high
See United States v. Cole, 813 F.2d 43, 46-48 (3d Cir.1987).
discussed Cited "see, e.g." Paul Norris v. State of Mississippi
Miss. Ct. App. · 2014 · signal: see also · confidence medium
Those federal courts have held: Once the court “has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights, it must broaden its [plea] inquiry with a view to assessing the impact of the ingested substances on the defendant’s capacity to understand the change-of-plea process and intelligently determine a proper course of action.” Carey v. United States, 50 F.3d 1097, 1099 (1st Cir.1995) (quoting United States v. Parra-Ibáñez, 936 F.2d 588, 595 (1st Cir.1991));…
discussed Cited "see, e.g." United States v. West-Bey
4th Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., United States v. Cole, 813 F.2d 43, 47 (3d Cir.1987) (collecting cases in which an evidentiary record was developed in habeas proceedings as to whether a defendant’s use of medications prior to pleading guilty impaired his ability to enter a knowing and voluntary plea).
cited Cited "see, e.g." United States v. Iravani
4th Cir. · 1998 · signal: see also · confidence medium
See United States v. Rossillo, 853 F.2d 1062, 1066 (2d Cir. 1988); see also United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987).
discussed Cited "see, e.g." United States v. Hoffenberg
S.D.N.Y. · 1996 · signal: see also · confidence medium
See also United States v. Cole, 813 F.2d 43, 47 (3d Cir.1987) (“[w]here significant evidence does come to the attention of the district court that defendant has recently taken drugs, the court has the obligation to inquire further”).
discussed Cited "see, e.g." Johnson v. Gray
E.D. Pa. · 1989 · signal: see also · confidence medium
Moreover, a guilty plea gained through “coercion, terror, inducements, subtle or blatant threats might be a perfect cover-up of unconstitutionality.” Boykin v. Alabama, 395 U.S. at 242-243 , 89 S.Ct. at 1712 ; see also United States v. Cole, 813 F.2d 43, 46 (3d Cir.1987).
discussed Cited "see, e.g." Jon S. Miller, Cross-Appellee v. Richard L. Dugger, Cross-Appellant
11th Cir. · 1988 · signal: compare · confidence low
Compare United States v. Cole, 813 F.2d 43 (3d Cir.1987) (prisoner must be given new trial or be allowed to plead anew, as competency to plead guilty could not be determined retrospectively) with United States v. Hollis, 569 F.2d 199 (3d Cir.1977) (retrospective determination of competency can be made) and De Kaplany v. Enomoto, 540 F.2d 975 , 985-86 & n. 11 (9th Cir.1976) (en banc) (district court’s retrospective determination of defendant’s competency to plead guilty did not violate due process), cert. denied, 429 U.S. 1075 , 97 S.Ct. 815 , 50 L.Ed.2d 793 (1977) and Saddler v. United Sta…
Retrieving the full opinion text from the archive…
UNITED STATES of America
v.
COLE, Reginald. Appeal of Reginald COLE
85-1466.
Court of Appeals for the Third Circuit.
Apr 29, 1987.
813 F.2d 43
Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Ronald A. Sarachan (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee., Cheryl J. Sturm (argued), Philadelphia, Pa., for appellant.
Sloviter, Stapleton, Farnan.
Cited by 62 opinions  |  Published

OPINION OF THE COURT

FARNAN, District Judge:

Appellant Reginald Cole (“Cole”) appeals from an order entered in the United States District Court for the Eastern District of Pennsylvania, which denied Cole’s petition under 28 U.S.C. § 2255 to vacate, set aside or correct a judgment of sentence. We have jurisdiction of this appeal under 28 U.S.C. § 1291.

I.

On February 21, 1984, a federal grand jury returned an eight count indictment charging Reginald Cole and two co-defendants with various drug offenses. Specifically, the indictment charged Cole with six counts of distributing heroin, a violation of 21 U.S.C. § 841(a)(1), and two counts of conspiracy to distribute heroin, a violation of 21 U.S.C. § 846.

On April 24, 1984, the district court held a change of plea hearing pursuant to Rule 11 of the Federal Rules of Criminal Procedure (“Rule 11”). At the hearing, Cole pled guilty to one count of conspiracy to distribute heroin, and five counts of distribution. In exchange for Cole’s guilty plea, the Government agreed to move for dismissal of the remaining counts at the time of sentencing.

The district court accepted the plea after engaging Cole in a lengthy plea colloquy. During the colloquy, the court advised Cole of the charges against him, and of the evidence the government would offer to prove those charges. The district court informed Cole of his right to a trial by jury, and instructed him that his guilty plea, if accepted, would result in a waiver of his right to a jury trial. Cole was also advised of the mandatory minimum as well as the possible maximum penalties he could receive under the terms of his plea agreement. The record further reflects the district court’s willingness to answer questions posed by Cole, and indicates that Cole took advantage of the opportunity to question the court about matters he did not understand. During the Rule 11 colloquy, the court asked Cole whether he was presently under the influence of any medication or substances. In response, Cole admitted that he had “had some drugs last night.” The colloquy then continued with no further reference to nor inquiry on the part of the court into Cole’s statement of recent drug usage.

The district court accepted Cole’s guilty plea and ultimately sentenced him to fifty-five years imprisonment and a life term of special parole. Following an unsuccessful appeal, Cole filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 on the ground that his plea was accepted in violation of Federal Rule of Criminal Procedure 11(c)(1). Specifically, Cole claims he was not competent to enter a plea of guilty because he had ingested approximately four hundred dollars worth of heroin and two hundred fifty dollars worth of cocaine during the evening prior to and up until five or six a.m. on the morning of his change of plea hearing. Cole argues that because he was under the influence of illicit drugs at the Rule 11 hearing, his guilty plea was neither knowingly nor voluntarily entered.

In considering Cole’s § 2255 petition, the district court failed to credit Cole’s version[*45] of the change of plea hearing. In its order denying Cole’s habéas corpus petition, the court noted in an unpublished memorandum and order that “On April 24, 1984, on the record in open court, defendant averred that he was not under the influence of drugs.” United States v. Cole, No. 84-00063, slip op. at 1 (E.D.Pa. July 9, 1985) (unpublished memorandum and order denying petitioner’s motion to vacate, set aside, or correct a sentence). The record of the Rule 11 hearing reflects otherwise, as evidenced by the following exchange between Cole and the court:

THE COURT: All right.
Are you under the influence of any medication or substances right now?
THE DEFENDANT: I had some drugs last night.
THE COURT: Do you understand what I have said to you?
THE DEFENDANT: Yeah — Yes, sir.
THE COURT: Sometimes, you know, we don’t know it. We use words that are technical words, and we don’t think. I want to make sure you have understood everything I said.
Essentially, what I am saying to you is this: If you plead guilty to these charges, we are going to order a presentence report and have you back in about a month, and we will impose the sentence. If you plead guilty, there will be no trial on these charges. It will be the same as if we had the trial and you were found guilty.
Do you understand that?
THE DEFENDANT: Yes.

Cole argues that, when a district court preparing to take a guilty plea is advised of recent drug use by the defendant, Rule 11 requires it to make a determination of his competence based on an adequately developed record. The government, on the other hand, argues that the issue of Cole’s competence was not raised before the district court, and therefore, the district court was not required to inquire into the competency issue sua sponte. Further, the government argues that the court was required to hold a hearing on Cole’s competency only in the event that the evidence before the court “raise[d] a substantial doubt of competency in the court’s mind at that time.” Williams v. Bordenkircher, 696 F.2d 464, 467 (6th Cir.), cert. denied sub nom., Williams v. Sowders, 461 U.S. 916, 103 S.Ct. 1898, 77 L.Ed.2d 287 (1983).

II.

Federal Rule of Criminal Procedure 11 sets forth the procedures that a district court must follow and the conditions that must exist for entry of a guilty plea. Rule 11 provides in part:

(c) Advice to Defendant. Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and inform him of, and determine that he understands, the following:
(1) the nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law, including the effect of any special parole term and, when applicable, that the court may also order the defendant to make restitution to. any victim of the offense.
(d) Insuring that the Plea is Voluntary. The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant in open court, determining that the plea is voluntary.

In McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), the Supreme Court determined that Rule 11 served two purposes. The Court stated:

[Rule 11] is designed to assist the district judge in making the constitutionally required determination that a defendant’s guilty plea is truly voluntary. Second, the Rule is intended to produce a complete record at the time the plea is entered of the factors relevant to this voluntariness determination.

394 U.S. at 465, 89 S.Ct. at 1170.

The Court’s emphasis on the district court’s “on the record” determinations of voluntariness and the ability to understand stems from the consequences of entering a[*46] guilty plea. The entry of a guilty plea necessarily involves the waiver of certain constitutional rights. 394 U.S. at 466, 89 S.Ct. at 1171. Such a waiver is valid under the Due Process Clause only if it constitutes “an intentional relinquishment or abandonment of a known right or privilege.” 394 U.S. at 466, 89 S.Ct. 1171 (citing Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938)).

In the instant case, Cole’s affirmative, on the record statement that he had taken drugs the night before his change of plea hearing called into question his ability to make an intelligent and competent waiver of his constitutional rights by entering a guilty plea. If Cole was under the influence of drugs at the time he entered his guilty plea, his understanding of the nature and consequences of his plea could well have been undermined. United States v. Sanders, 373 U.S. 1, 19-20, 83 S.Ct. 1068, 1079, 10 L.Ed.2d 148 (1963).

After reviewing the evidence before the district court in light of the foregoing principles, we conclude that Rule 11 counsels a district court to make further inquiry into a defendant’s competence to enter a guilty plea once the court has been informed that the defendant has recently ingested drugs or other substances capable of impairing his ability to make a knowing and intelligent waiver of his constitutional rights. This result furthers the dual purposes of Rule 11. The Supreme Court’s remarks in McCarthy bear repeating here:

To the extent that the district judge thus exposes the defendant's state of mind on the record through personal interrogation, he not only facilitates his own determination of a guilty plea’s voluntariness, but he also facilitates that determination in any post-conviction proceeding based upon a claim that the plea was involuntary. Both of these goals are undermined in proportion to the degree the district judge resorts to “assumptions” not based upon recorded responses to his inquiries.

McCarthy, supra, 394 U.S. at 467, 89 S.Ct. at 1171. As we recently pointed out in United States v. Allen, 804 F.2d 244 (3rd Cir.1986), McCarthy involved a situation in which the district court had accepted a guilty plea without exposing the defendant’s state of mind through personal interrogation. Id. at 247. In the instant case, Cole was personally interrogated and engaged in an extensive colloquy by the district court. However, once the court was informed of Cole’s recent drug use, its failure to pursue the issue of Cole’s state of mind through further questioning precludes a finding that Cole voluntarily and knowingly entered a plea of guilty. Cf. McCarthy, 394 U.S. at 467, 89 S.Ct. at 1171.

Citing United States ex rel Fitzgerald v. Lavallee, 461 F.2d 601, 602 (2d Cir.), cert. denied, 409 U.S. 885, 93 S.Ct. 121, 34 L.Ed.2d 142 (1972), the government urges affirmance on the ground that the use of drugs does not per se render a defendant incompetent to plead guilty and, in support of its contention, notes that a defendant is competent to enter a plea of guilty so long as he possesses both the present ability to consult with his lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings against him. United States ex rel McGough v. Hewitt, 528 F.2d 339, 342 n. 2 (3d Cir.1975) (citing Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)). We agree; however, Cole’s petition presents a more fundamental question. The gist of Cole’s argument is that his assertion that he had ingested drugs the night before his change of plea hearing raised a genuine substantial issue as to his understanding of the nature and consequences of the Rule 11 proceeding, an issue that was never addressed or resolved as required by Rule 11. The court simply failed to develop the record with respect to the defendant’s state of mind through further questioning and failed to make a finding of competence which took the assertion of recent drug use into account. The present record is ambiguous even as to whether the district court took note of Cole’s admission of recent drug use. Indeed, the court, when ruling on defendant’s Section 2255 petition, was clearly under the impression that Cole had denied the use of[*47] drugs prior to his plea. Moreover, assuming that the court did take note of Cole’s assertion at the Rule 11 proceeding of recent drug use, it failed to make a factual finding either that Cole ingested no drugs or that his ingestion of drugs did not impair his understanding or judgment at the time of his plea. Given such a record, we are unable to hold that the requirements of Rule 11 were satisfied.

The government also relies on Steinsvik v. Vinzant, 640 F.2d 949 (9th Cir.1981), for the proposition that the district court acted properly in failing to sua sponte order an evidentiary hearing on Cole’s competency. In Steinsvik, a divided panel of the Ninth Circuit Court of Appeals held that Steinsvik was competent to plead guilty even though, thirty-six hours prior to the entry of the plea, Steinsvik had been hospitalized for an overdose of barbiturates. Id. at 953. However, in Steinsvik, there had been medical evidence introduced in the habeas proceeding that barbiturate medication has no direct impact on the patient’s ability to make rational decisions. Id. at 953 n. 5. In other cases on which the government relies, the district court was either not on notice that the defendant had taken drugs prior to entering a guilty plea, or if on notice, held evidentiary hearings on review of the habeas corpus petition. See Parker v. Lockhart, 531 F.2d 927 (8th Cir.1976) (petitioner’s habeas corpus petition denied after full hearing); Walden v. United States, 418 F.Supp. 386 (E.D.Pa.1976) (evidentiary hearing conducted in § 2255 proceedings after court put on notice that defendant had taken drugs); Tahl v. O’Conner, 336 F.Supp. 576, 578 (S.D.Cal.1971), aff'd, 460 F.2d 1068 (9th Cir.), cert. denied, 409 U.S. 1042, 93 S.Ct. 536, 34 L.Ed.2d 493 (1972) (habeas corpus petition denied and guilty plea found to be knowingly and intelligently made after full evidentiary hearing). This case is therefore distinguishable from the cases on which the government relies.

Where significant evidence does come to the attention of the district court that defendant has recently taken drugs, the court has the obligation to inquire further before determining that a competency hearing is not necessary. See Grennett v. United States, 403 F.2d 928, 931-32 (D.C.Cir.1968). Since the district court here was provided information by the defendant at the Rule 11 hearing that he had recently taken drugs, and the court failed to inquire further or even acknowledge that it was aware of this evidence, we cannot affirm the court’s finding that Cole was competent at the time he pleaded guilty.

III.

Having found that the record in this case is inadequate to support a finding of Cole’s competence to plead guilty, the question remains whether the petitioner’s due process rights would be adequately protected by remanding the case to the district court for an evidentiary hearing designed to determine whether Cole was competent to make a knowing and voluntary waiver of his constitutional rights at the change of plea hearing in 1984. The Supreme Court has emphasized the difficulty inherent in retrospective competency determinations. In Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975), the Supreme Court held that a retrospective hearing in state court to determine the petitioner’s competency at the trial date would not adequately protect the petitioner’s due process rights where expert testimony derived from findings made at or near the time of trial was not available. 420 U.S. at 183, 95 S.Ct. at 909. See Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960). In United States ex rel. McGough v. Hewitt, supra, we determined that a limited, retrospective hearing on an accused’s competence to stand trial might suffice if it were based on evidence derived from knowledge contemporaneous to the proceeding at issue. 528 F.2d at 344. The circumstances of this case, however, give us little reason to expect that a hearing at this time would overcome the deficiencies in the 1984 pro[*48] ceedings. Since the district court apparently disregarded Cole’s statement of recent drug use, no facts relevant to Cole’s impairment were uncovered or explored contemporaneous to the Rule 11 proceeding.

Although the issue did not arise in the context of a habeas proceeding, the remedy applied in McCarthy v. United States, supra, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), is instructive here. In McCarthy, the Supreme Court determined that non-compliance with Rule 11 procedures is inherently prejudicial. The court held:

[A] defendant is entitled to plead anew if a United States District Court accepts his guilty plea without fully adhering to the procedure provided for in Rule 11. This decision is based solely upon our construction of Rule 11 and is made pursuant to our supervisory power over the lower federal courts.

Id. at 463-64, 89 S.Ct. at 1169. In McCarthy, the record did not show that the defendant voluntarily and knowingly entered a plea of guilty due to the district court’s failure to personally interrogate the defendant. See id. at 467, 89 S.Ct. at 1171. Similarly, the defect in the present record results from the fact that the district court did not explore Cole’s state of mind following his admission of recent drug usage. This critical omission precludes a finding that Cole’s plea was knowingly and voluntarily entered, and entitles Cole to plead anew or proceed to trial. See United States v. Allen, supra, 804 F.2d at 248.

Given our disposition of Cole’s Rule 11 claim, it is unnecessary for us to reach Cole’s other claims: that he was denied effective assistance of counsel at the district court level, and that he did not waive an entrapment defense.

We will therefore reverse the district court’s denial of the defendant’s motion to vacate, set aside, and correct the sentence, and we will remand to the district court in order for it to permit Cole to elect whether to plead anew or proceed to trial.