United States v. Alfred Maese Salas and Betty Lee Salas

The defendants, Alfred M. Salas and his wife, Betty L. Salas, appeal from the denial of their Fed.R.Crim.P. 32(d) motion to withdraw their guilty pleas. They contend that the trial judge violated Fed.R.Crim.P. 11(c)(1) by failing to explain the nature and operation of the special parole term when they pled guilty. We find that this case is controlled by United States v. Timmreck, - U.S. -, 99 S.Ct. 2085 , 60 L.Ed.2d 634 (1979), and affirm.

Alfred was charged with possession of heroin with intent to distribute ( 21 U.S.C. § 841 (a)(1)), and Betty was charged with aiding and abetting ( 18 U.S.C. § 2 ). When a person is sentenced to a term of imprisonment under 21 U.S.C. § 841 (a)(1), then a special parole term of at least three years must be imposed in addition to the prison sentence.

On February 2, 1977, during the second day of their jury trial, the defendants withdrew their not guilty pleas and pled guilty to the charges against them. Before accepting the guilty pleas, the trial judge personally addressed the defendants as required by Fed.R.Crim.P. 11 to insure that the pleas were made voluntarily and that there was a factual basis for the pleas. See Reporter’s Transcript…