United States v. Welch

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 court’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, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 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 court’s judgment is AFFIRMED. 1 United States v. Hekimain, 975 F.2d 1098 (5th Cir. 1992). 2