United States v. Lloyd A. Landry and Eric B. Levin

Lloyd Landry and Eric B. Levin were indicted, with five others, in a conspiracy to deal in counterfeit United States currency. 18 U.S.C. § 473 . Landry and Levin cooperated with the investigation, and pleaded guilty to one count of the ten-count indictment. In due course, they were sentenced to six months' confinement and 30 months’ probation. The remaining counts were dismissed. After being sentenced, both defendants sought to change their pleas. The district court denied the relief under Fed. R.Crim.P. 32.

The defendants now appeal, with new counsel, and assert that their guilty pleas were taken in proceedings which did not satisfy Fed.R.Crim.P. 11.

We have examined the record, and agree that the district judge receiving the guilty pleas did not, in the case of the defendant Landry, make the comprehensive record of the factual basis for the plea required by Rule 11 and by McCarthy v. United States, 394 U.S. 459 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969), citing with approval Heiden v. United States, 353 F.2d 53 (9th Cir. 1965).

The defendant Landry did confer at length with retained counsel before and during the proceedings in which he pleaded guilty, but he never told the…