GAUVAIN

v.

UNITED STATES

Citator

Cited By

• United States v. Rivera, 898 F.2d 442 (5th Cir. 1990)
  …maximum prison term and fine for the offense charged. As long as the [defendant] ‘understood the length of time he might possibly receive, he was fully aware of his plea’s consequences.’ ” Barbee v. Ruth, 678 F. 2d 634, 635 (5th Cir.), cert. denied, 459 U.S. 867, 103 S.Ct. 149, 74 L.Ed.2d 125 (1982) (quoting Bradbury v. Wainwright, 658 F. 2d 1083, 1087 (5th Cir.1981), cert. denied, 456 U.S. 992, 102 S.Ct. 2275, 73 L.Ed.2d 1288 (1982)). At the time of the entry of his guilty plea, Rivera was arraigned by th…
• United States v. Houston Warren Jones, 905 F.2d 867 (5th Cir. 1990)
  …e [defendant] `understood the length of time he might possibly receive, he was fully aware of his plea's consequences.'" United States v. Rivera, 898 F. 2d 442, 447 (5th Cir.1990), quoting Barbee v. Ruth, 678 F. 2d 634, 635 (5th Cir.), cert. denied, 459 U.S. 867, 103 S.Ct. 149, 74 L.Ed.2d 125 (1982). The Guidelines make no change in substantive penalties but rather "provide a structure for case analysis so as to minimize disparate sentencing on like facts." Id. The district court is not required to calcula…
• United States v. Pearson, 910 F.2d 221 (5th Cir. 1990)
  …plea. These contentions lack merit. [*223] Due process requires that a guilty plea be a knowing and voluntary act; the defendant must be advised of and understand the consequences of the plea. Barbee v. Ruth, 678 F. 2d 634 (5th Cir.), cert. denied, 459 U.S. 867, 103 S.Ct. 149, 74 L.Ed.2d 125 (1982). “The consequences of a guilty plea, with respect to sentencing, mean only that the defendant must know the maximum prison term and fine for the offense charged. As long as [the defendant] understood the length…