United States v. Walter Harris, Sr.

After entering a plea of guilty on one of several counts pursuant to a plea bargain under which the remainder were dismissed and after being sentenced, Harris made a motion under F.R.Crim.P. 32(d) to set aside the judgment, and withdraw the plea. The district court denied the motion, and Harris appeals. We reverse.

The substance of Harris’ contention is that the “manifest injustice” standard of Rule 32(d) is satisfied, and reversal required, by the court’s failure when taking the plea to advise Harris that a mandatory six-year special parole term would be appended to his sentence. We agree. As written at the time the plea was taken, F.R.Crim.P. 11 prohibited a district court from accepting a guilty plea “without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of . the consequences of the plea.” Reason and our prior decisions lead us to the conclusion that the court’s failure to apprise Harris of the special parole term violated that requirement; the imposition of a mandatory special parole term is a “consequence of the plea” within the meaning of the rule. See Fruchtman v. Kenton, 531 F.2d 946, 948-949 , No.…