NEWTON

v.

UNITED STATES

Citator

Cited By

• United States v. Richardson, 588 F.2d 1235 (9th Cir. 1978)
  …. Gibbs, 435 F. 2d 621, 624 (9th Cir. 1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1233, 28 L.Ed.2d 532 (1971). It is also sufficient to establish knowledge of illegal importation. United States v. Newton, 442 F. 2d 622, 623 (9th Cir.), cert. denied, 404 U.S. 844, 92 S.Ct. 144, 30 L.Ed.2d 80 (1971). Evidence respecting the counts in question is dealt with at length in the government’s brief and we do not choose to burden this opinion with an extended discussion of it. It is enough to note that the connection…
• Kelleher v. Henderson, 531 F.2d 78 (2d Cir. 1976)
  …to show not only that he was not advised of his ineligibility for parole but also “that he would not have pleaded guilty had he known.” 439 F. 2d at 826. (Emphasis added.) Finally, in Serrano v. United States, 442 F. 2d 923 (2d Cir.), cert. denied, 404 U.S. 844, 92 S.Ct. 145, 30 L.Ed.2d 80 (1971), we rejected a claim that the defendant, who had pleaded guilty before McCarthy and Bye, had been unaware when he pleaded that he faced a minimum sentence of five years’ imprisonment: Since Serrano by his own adm…
• Caputo v. Henderson, 541 F.2d 979 (2d Cir. 1976)
  …ave pleaded guilty if he had been so aware. 440 F. 2d at 468. See also United States v. Welton, 439 F. 2d 824 (2 Cir.), cert. denied, 404 U.S. 859, 92 S.Ct. 157, 30 L.Ed.2d 102 (1971); Serrano v. United States, 442 F. 2d 923 (2 Cir.), cert. denied, 404 U.S. 844, 92 S.Ct. 145, 30 L.Ed.2d 80 (1971). Thus, insofar as the federal courts are concerned, “where violation of the Rule does not have its present automatic effect [i. e., where the plea was entered before the decision in McCarthy], the determination of…