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GILBERT v. UNITED STATES

No. 71-3637. Summary Calendar.

466 F.2d 533 (1972)

Alvin Olanda GILBERT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 7, 1972.

Attorney(s) appearing for the Case

Alvin Olanda Gilbert, pro se.

Donald E. Walter, U. S. Atty., Paul Lynch, Asst. U. S. Atty., Shreveport, La., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM.

This case demonstrates the wisdom of the requirement of F.R.Crim.P. Rule 11 that before accepting a plea of guilty the Trial Court assure himself with record evidence that there is a factual basis for a plea of guilty. Cf. McCarthy v. United States, 1969, 394 U.S. 459, 467, 89 S.Ct. 1166, 1171, 22 L.Ed.2d 418, 426; United States v. Frontero, 5 Cir., 1971,

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