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U.S. v. BERNAL

No. 87-1930.

871 F.2d 490 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Mario BERNAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1989.

Attorney(s) appearing for the Case

G. Luke Ashey, Dallas, Tex. (court-appointed), for defendant-appellant.

Mario A. Bernal, Federal Correctional Institution, Tucson, Ariz., pro se.

Andrew Levchuk, Dept. of Justice, Criminal Div., Appellate Section, Washington, D.C., Marvin Collins, U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.

(Opinion Nov. 25, 1988, 5th Cir. 1989, 861 F.2d 434)

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

PER CURIAM:

The application for rehearing is denied.

We are persuaded that Rule 11(h) was not intended to nullify important objectives of Rule 11. No objective of Rule 11 is more important than that established in Rule 11(c):

(c) Advice to Defendant. Before accepting a plea of guilty...

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