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U.S. v. HERNDON

No. 93-8278. Summary Calendar.

7 F.3d 55 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Brent HERNDON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 27, 1993.

Attorney(s) appearing for the Case

E.G. Morris, Smith, Morris & Florey, Austin, TX, for defendant-appellant.

Richard L. Durbin, Jr., Asst. U.S. Atty. and James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before SMITH, BARKSDALE, and DeMOSS, Circuit Judges:

PER CURIAM:

Joe Brent Herndon ("Herndon") pleaded guilty, pursuant to a written plea agreement, to one count of manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1).1 Nothing in the written plea agreement speaks to whether conviction under Count one would carry a mandatory minimum sentence or of the maximum possible penalty provided by law for conviction under Count one. Likewise nothing in the written plea agreement indicates...

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