(DOWNLOAD) "United States v. Bethany" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Bethany
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 07, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Confronted with a thirteen count indictment involving marijuana violations, Michael B. Bethany pled guilty to one count of possession with intent to distribute 90 pounds of marijuana and obtained a dismissal by the Government of the remaining twelve counts. He now appeals the validity of his conviction and the failure of the court to reduce his sentence from four years confinement and a special parole term of not less than two years. First, he challenges the sufficiency of the factual basis supporting his plea. Rule 11 of the Federal Rules of Criminal Procedure prohibits the court from entering a judgment upon a plea of guilty ""unless it is satisfied there is a factual basis for the plea."" Contrary to appellant's argument, this requirement does not demand a ""written, sworn, and filed stipulation of evidence,"" but only that the court make an inquiry ""factually precise enough and sufficiently specific to develop that [defendant's] conduct on the occasions involved was within the ambit of that defined as criminal."" Jimenez v. United States, 487 F.2d 212, 213 (5th Cir. 1973). Here the District Court sufficiently complied with the rule by questioning the defendant and hearing the Government's summarization of the investigation report.
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