United States v. Carlos A. Sanclemente-Bejarano

Carlos Sanclemente-Bejarano appeals his conviction after a plea of guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We affirm.

FACTS

On June 9, 1987, appellant Sanclemente pled guilty to possessing approximately ten kilograms of cocaine with intent to distribute, an offense proscribed by 21 U.S.C. § 841 (a)(1). At the plea hearing, the trial court engaged in a lengthy colloquy with Sanclemente. The district judge advised Sanclemente that the mandatory minimum penalty for his offense was ten years and that the maximum possible penalty was life imprisonment. The court also informed him of his constitutional rights in respect to trial.

Pursuant to 21 U.S.C. § 841 (b)(1)(A), a person convicted of possessing five or more kilograms of cocaine is not eligible for parole at any time during his incarceration. In addition, any sentence imposed under subsection (b)(1)(A) must include a “term of supervised release,” formerly known as a “special parole term,” of at least five years, to which the defendant will be subject following his incarceration. At his hearing, the district court did not warn Sanclemente that he would be ineligible for…