Edward Bunker v. Jack Wise

By stipulation of the parties, appellant not then being represented by counsel, this appeal was scheduled for the court’s Accelerated Disposition Calendar. When the cause was argued, appellant was represented by .counsel who suggested that oral disposition would be inappropriate.

We requested supplemental briefs on the question of the applicability to this case of United States v. Harris, 534 F.2d 141 (9th Cir. 1976). Those briefs having been filed and considered, this cause is now submitted for decision. We are unable to distinguish this case from our recent decision in Harris, supra, and the rationale of the cases cited therein.

We reverse the judgment of the district court and remand with directions to permit Bunker to withdraw his guilty plea and plead anew.

I.

In this proceeding under 28 U.S.C. § 2255 , Bunker challenged his 1973 sentence and sought to withdraw his guilty plea to a charge of conspiring to distribute heroin and cocaine. It was conceded that, in proceeding under F.R.Cr.P. 11, the district judge failed to mention that a finding of guilt on the charge carried with it a special parole term of at least three years, 21 U.S.C. § 841 (b)(1)(B). He advised Bunker…