Jesus Ramirez Sanchez v. United States

This is an appeal from the denial of petitioner’s motion to vacate sentence pursuant to 28 U.S.C. § 2255 . The challenged sentence was imposed after Sanchez pleaded guilty to conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) & 846, to possession of a firearm during commission of a felony in violation of 18 U.S.C. § 924 (c)(2), and to failing to appear before the court as required in violation of 18 U.S.C. § 3150 . At the time Sanchez was arrested for the drug and weapons offenses he was on parole from a previous federal sentence for a narcotics offense.

Sanchez first claims that the court below did not comply with rule 11(c)(1) of the Federal Rules of Criminal Procedure which requires the trial judge, before accepting a plea of guilty, to inform the defendant of the maximum penalties for the offenses charged. Petitioner’s argument is that under rule 11 the court must advise a defendant who is on parole from a previous offense of the effect which a new sentence might have on his status as parolee. If petitioner is correct in his interpretation of rule 11, he is entitled to have his guilty plea set aside so that he may plead anew, even though it is clear that…