USA vs. Welch, (5th Cir. 2001)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-40083 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JEMELL Q. WELCH, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. L-00-CR-823-1 October 18, 2001 Before POLITZ, WIENER, and PARKER, Circuit Judges.
PER CURIAM: * Jemell Q. Welch, appeals his guilty-plea conviction for possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (b)(1)(C). He maintains that the trial courtÂ’s failure to advise him of the consequences of a supervised release revocation mandates the vacating of his guilty plea. Although Welch is correct that the trial judge did not speak to the consequences of a supervised release revocation, neither the actual sentence imposed nor the “worst-case” scenario one might envision exceeds the statutory maximum incarceration period of which he was correctly advised. 1 Accordingly, the district courtÂ’s judgment is AFFIRMED.
1 United States v. Hekimain , 975 F.2d 1098 (5th Cir. 1992).
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- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Michael A. Hekimain, Defendant-Appellant., 975 F.2d 1098 (5th Cir. 1992)
- US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
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