U.S. v. Thomas

Dist. Ct. did not err in sentencing defendant to 235-month term of incarceration on drug distribution charge, even though defendant argued that Dist. Ct. violated his due process rights by: (1) holding telephone conference with defense counsel and prosecutor regarding procedures that would be used at future sentencing hearing; and (2) issuing short opinion seven days prior to sentencing hearing indicating that operative guideline range would be 235 to 293 months. While defendant argued that said proceedings were improper because he was not present at time they occurred, Ct. found that no error occurred, where defendant’s counsel was present at telephone conference where only procedural matters were discussed, and where short opinion provided defendant with opportunity to prepare for arguments at actual sentencing hearing.