United States Second Circuit

Where the district court advised the defendant of all relevant elements required by Federal Rule of Criminal Procedure 11(c)(1), and defendant indicated he understood court's advice at the time of his plea, the fact that a prior aggravated felony he had committed was substituted for one incorrectly listed in the indictment did not warrant vacatur of his plea under Rule 32(e).

Appellate Information

• Decided 04/11/2002
• Published 04/11/2002

Judges

• FEINBERG, Circuit Judge., Before:  FEINBERG and KATZMANN, Circuit Judges, and GLEESON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Neil B. Checkman, New York, NY, for Defendant-Appellant Mercedes., Marc A. Weinstein, Assistant United States Attorney, New York, NY;  (Mary Jo White, United States Attorney for the Southern District of New York;  Mark D. Harris, Assistant United States Attorney, on the brief), for Appellee.