United States v. Gino Victor Del Prete

This is an appeal from a judgment of conviction entered after a plea of guilty. Appellant pleaded guilty to one count of distributing heroin in violation of 21 U.S.C. § 841 (a)(1). Before accepting the plea, the district judge advised Del Prete as to some matters specified in rule 11 of the Federal Rules of Criminal Procedure; but as to other matters, and in particular the statutory requirement of a special parole term, an explanation was incomplete or omitted. We vacate the conviction and remand to allow the defendant to plead anew.

Rule 11(c)(1) requires that before accepting a plea of guilty the trial court inform the defendant of, and determine that he understands, “the nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law . . . Disclosure of the factors set forth in rule 11 is mandatory. United States v. Journet, 544 F.2d 633 (2d Cir. 1976); United States v. Boone, 543 F.2d 1090 (4th Cir. 1976).

In explaining the penalties which could result from Del Prete’s plea of guilty, the district judge told Del Prete that the violations with which he was charged triggered a…