United States v. Lee ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50470
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ADRIAN LEE, a/k/a AD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-97-CR-42-F-ALL
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June 17, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Adrian Lee challenges his guilty-plea conviction and
sentence by arguing that the district court varied twice from the
procedures outlined in Fed. R. Crim. P. 11, the variances
affected Lee’s substantial rights, and therefore, the harmful
errors require the vacation of his conviction and guilty plea.
The variances at issue concern the district court’s purported
failure to inquire about any promises, apart from any threats or
coercion, inducing Lee’s guilty plea and the district court’s
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-50470
-2-
purported failure to inquire about any prior plea discussions
between Lee and the Government. We have carefully reviewed the
arguments and the appellate record. Even assuming that there was
variance from the Rule 11(d) procedures, we conclude that it
could not have affected Lee’s decision to plead guilty. See
United States v. Johnson, 1 F.3d 296, 302-04 (5th Cir. 1993) (en
banc). Thus, any error was harmless. See Rule 11(h).
AFFIRMED.