United States v. Thomas Welton

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 ineligibility for parole. The issue presented by Welton’s case is whether, in cases where judgment was entered upon a guilty plea on or before October 14, 1970, the…