United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 31, 2004
Charles R. Fulbruge III
Clerk
No. 03-10450
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SHAUN RUSSELL WINLAND,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:02-CR-00010-ALL-R
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Shaun Russell Winland (Winland) appeals his guilty-plea
conviction and sentence for felon in possession of a firearm, a
violation of 18 U.S.C. § 922(g)(1). Winland was sentenced to 10
years’ imprisonment and to three years of supervised release. He
argues on appeal that the magistrate judge plainly erred in not
advising him of the effect of supervised release as required by
Rule 11 of the Federal Rules of Criminal Procedure.
*
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that this opinion should not be published and is not precedent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. 03-10450
-2-
The Federal Rules of Criminal Procedure were amended
December 1, 2002. Because Winland’s rearraignment occurred after
that date, the current version controls. See United States v. De
Los Santos, 260 F.3d 466, 447 (5th Cir. 2001). The current
version of Rule 11 does not require, as the former version did,
that the court explain to the defendant the “effect” of
supervised release or the revocation thereof. Thus, Winland
cannot show plain error. See United States v. Vonn, 535 U.S. 55,
59 (2002).
The appeal is DISMISSED as frivolous. 5TH CIR. R. 42.2.