RAFAEL NARBERTO PARDO FERNANDEZ, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
RAFAEL NARBERTO PARDO FERNANDEZ, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
492 F.2d 771
Court of Appeals for the Fifth Circuit (1974)
Cited by 5 cases
Opinion of the Court
PER CURIAM:
The only issue requiring discussion in this appeal from denial of a § 2255 motion is whether under Rule 11 Fed.R.Crim.P. a defendant entering a guilty plea must be advised that he is ineligible for parole. In Trujillo v. United States, 5 Cir., 377 F. 2d 266, cert. denied, 389 U.S. 899, 88 S.Ct, 224, 19 L.Ed.2d 221 (1967), this court held there was no such requirement, and that decision can be modified only by an en banc decision of the court. Sua sponte we took en banc United States v. Farias, 459 F. 2d 738 (CA5, 1972), to determine whether Trujillo should any longer be followed, and we withheld decision in this case to await the result in Farias. The court en banc has, however, pretermitted decision of that issue, United States v. Farias, 488 F. 2d 852 (CA5, 1974), with the result that Trujillo and now the panel opinion in Farias remain viable. We pretermit discussion of the differing views of the members of this panel, since in any event we are bound by Trujillo and now by the panel opinion in Farias, unless and until the full court decides otherwise.
The other two points raised by appellant are totally without merit.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Anglin v. Johnston, 504 F.2d 1165 (7th Cir. 1974)
-
United States v. Charley Ray Smith, 869 F.2d 835 (5th Cir. 1989)
-
United States v. Mares, 868 F.2d 151 (5th Cir. 1989)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Epifanio Trujillo v. United States, 377 F.2d 266 (5th Cir. 1967)
- Kayton v. Wainwright, 389 U.S. 899 (U.S. 1967)
- Trujillo v. United States, 389 U.S. 899 (U.S. 1967)
- United States v. Justo Farias, 459 F.2d 738 (5th Cir. 1972)
- United States v. Justo Farias, 488 F.2d 852 (5th Cir. 1974)