United States v. Devon Roy Whyte

In light of our recent decision in United States v. Johnson, 1 F.3d 296 (5th Cir.1993) (en banc), we withdraw our previous opinion and substitute the following.

Devon Whyte pled guilty in a plea agreement to possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). The plea agreement stated that Whyte was subject to a minimum term of five years and a maximum term of twenty years imprisonment, a minimum term of four years supervised release, and a fine of up to $2,000,000. During the sentencing colloquy required by Fed.R.Crim.P. 11, the district…