IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-40073
Summary Calendar
_____________________
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JUAN MANUEL REYES-CRUZ
Defendant-Appellant
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(B-95-CR-191-1)
_________________________________________________________________
August 19, 1996
Before KING, GARWOOD, and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Manuel Reyes-Cruz (Reyes) appeals his conviction on one
count of reentering the United States subsequent to deportation
without the authorization of the Attorney General, in violation
of 8 U.S.C. § 1326(a), (b)(2). Reyes argues that the district
court failed to comply with Rule 11 of the Federal Rules of
Criminal Procedure because it neglected to explain the nature of
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
the illegal reentry charge to which Reyes purportedly was
pleading guilty and because it failed to establish a sufficient
factual basis for the illegal reentry charge. We have reviewed
the record and have determined that the district court
inadvertently read to Reyes a version of the false representation
charge that was the subject of count 1 of the indictment (which
the government had agreed to dismiss as a part of the plea
agreement) and proceeded to elicit a factual basis for that
charge. The district court therefore failed to advise Reyes
fully of the nature of the illegal reentry charge against him
(count 2 of the indictment) and failed to satisfy itself that a
factual basis existed to support a conviction on that charge.
Further, we have reviewed the record to see whether these
failures amounted to harmless error and are unable to conclude
that they did. The government concedes error and recommends that
the conviction based on Reyes’s plea of guilty be vacated.
Reyes’s conviction and sentence are VACATED.
2