U.S. v. Thomas

Federal 7th Circuit Court
Criminal Court
Guilty Plea
Citation
Case Number: 
No. 10-3566
Decision Date: 
May 6, 2011
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Appeal dismissed
Defendant waived his appeal of his 120-month sentence on charge of unlawful possession of firearm by felon where defendant had agreed to waiver clause in his plea agreement. While defendant argued that waiver should not be enforced where govt. failed to recommend either downward adjustment for acceptance of responsibility or sentence at lower end of guideline range, as govt. had promised to do, record showed that govt. was excused from making either recommendation where defendant lied during sentencing hearing about his use of firearm.