The Eighth Circuit Court of Appeals denied the appeal of Isaiah Earl Thomas, challenging the trial court’s denial of his motion to withdraw his guilty plea to distributing less than fifty kilograms of marijuana, possessing a firearm in furtherance of a drug trafficking offense, and possessing a firearm following a conviction for domestic violence.
At the time of his plea the court told him that he faced a maximum sentence of life in prison. Both his attorney and the Assistant United States Attorney (AUSA)stated as the plea hearing that the advisory sentencing guidelines were between 84 and 90 months. The AUSA stated that with Thomas’ record he may well get over 90 months.
The Pre-sentence report recommended that he be treated as a career offender with advisory sentencing guidelines of 262 months to 327 months. Prior to sentencing, Thomas moved to withdraw his plea arguing inter alia that he had not been informed of the likely guidelines. The court denied his motion and sentenced him to 327 months.
In upholding the 327 month sentence the appellate court pointed to precedents allowing above guidelines sentences and allowing sentences where the defendant had not been informed of the possibility of a a career offender sentence where the defendant was informed of the maximum sentence. The court pointed out that the AUSA informed Thomas he was likely to get an above guidelines sentence and that the plea hearing had been quite extensive.
Yet it hardly seems fair to sentence someone to a sentence in excess of three times what he is told the guidelines indicate. While Thomas may have expected a sentence above the advisory guidelines (90+ months) sentence he apparently had no idea He was going to get a 327 month sentence. It’s a big difference!
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