940 F2d 669 United States v. Joslin
940 F.2d 669
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
UNITED STATES of America, Plaintiff-Appellee,
v.
Alan Robert JOSLIN, Defendant-Appellant.
No. 90-10362.
United States Court of Appeals, Ninth Circuit.
Submitted July 15, 1991.*
Decided July 18, 1991.
Before CHAMBERS and SNEED, Circuit Judges, and KELLEHER,** District Judge.
ORDER
After careful review of the record in this case, we vacate the judgment of conviction, the sentence, and the plea of guilty upon which the conviction was based. We remand this case to the district court to permit the defendant to enter a new plea.
During defendant's plea hearing, the trial court violated Rule 11 of the Federal Rules of Criminal Procedure and failed to inform defendant of the mandatory minimum penalty for his offense. The trial court also misstated the mandatory maximum penalty for the offense. These actions constitute reversible error. See United States v. Jaramillo-Suarez, 857 F.2d 1368, 1371 (9th Cir.1988). The government has conceded that these errors did occur and that they warrant reversal.
Because we vacate defendant's conviction and sentence, we need not address the other issues argued on this appeal.
VACATED.