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UNITED STATES v. WELTON

No. 179, Docket 35115.

439 F.2d 824 (1971)

UNITED STATES of America, Appellee, v. Thomas WELTON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 24, 1971.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty. for the Eastern District of New York, Guy L. Heinemann and David G. Trager, Asst. U. S. Attys., for appellee.

Thomas E. Baynes, Jr., Atlanta, Ga., for appellant.

Before LUMBARD, Chief Judge and WATERMAN and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

In Bye v. United States, 435 F.2d 177 (2d Cir. 1970), we held that a defendant pleading guilty to a narcotics offense must be informed by the district court of his ineligibility for parole. Bye alleged that he was unaware of his ineligibility for parole at the time of his plea, and that if he had known, he would not have pleaded guilty. We remanded for an evidentiary hearing as to whether he was aware of his...

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