IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41283
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUDOLPH RODRIGUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-92-1
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October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Rudolph Rodriguez appeals his conviction and sentence
following a guilty plea for conspiracy to possess and possession
with intent to distribute marijuana in violation of 21 U.S.C.
§§ 841, 846. Rodriguez argues that the district court failed to
comply with Fed. R. Crim. P. 11 because the district court
(1) failed to specifically inquire whether his guilty plea was
the result of any threats; (2) failed to specifically advise him
that he had the right to persist in a plea of not guilty; and
*
Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 97-41283
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(3) failed to advise him that he faced a three-year term of
supervised release.
Rodriguez waived the right to appeal any error involving the
substance, procedure, or form of the conviction. See United
States v. Packer, 70 F.3d 357, 359 (5th Cir. 1995). Furthermore,
the district court determined that Rodriguez knowingly and
voluntarily waived his right to appeal. See United States v.
Melancon, 972 F.2d 566, 567 (5th Cir. 1992). Accordingly, the
district court’s judgment is AFFIRMED.