Does Rule 11 require a defendant to be informed of the minimum portion of their sentence they might have to serve?
MultiRegion, United States of America
The following excerpt is from Hunter v. Fogg, 616 F.2d 55 (2nd Cir. 1980):
Since Rule 11 permissibly does not require federal defendants to be informed of the minimum portion of their sentence they might have to serve, we should not require that state defendants be given this information. "When a guilty plea is taken by a state judge, we cannot apply to him as a matter of federal constitutional law a higher standard than we apply to a federal district judge performing the same function." Kelleher v. Henderson, 531 F.2d 78, 82 (2d Cir. 1976).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that he should have been sentenced to a minimum sentence that would have allowed him to leave the criminal justice system? (MultiRegion, United States of America)
Does Lucas need to have the prejudicial portion of his sentence reduced if he has served his sentence? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Does a defendant have a fundamental right to be informed of all derogatory information in the context of sentencing? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Is a federal judge required to make a public statement of reason for sentencing a defendant's sentence? (MultiRegion, United States of America)
