U.S. Court of Appeals for the Sixth Circuit, 2004

United States v. Thomas

United States v. Thomas
U.S. Court of Appeals for the Sixth Circuit · Decided June 3, 2004
99 F. App'x 737

United States v. Thomas

Opinion of the Court

PER CURIAM.

Mario Thomas appeals the district court’s sentencing calculation because the court rejected his plea agreement’s drug quantity calculation. We affirm.

Thomas concedes he failed to object to his sentence but he contends the court *738committed plain error by sentencing him contrary to his plea agreement. The parties’ briefs, and our study of both the appellate record and the applicable law, convince us that the district court did not err in sentencing Thomas consistent with the undisputed drug quantity evidence rather than the plea agreement’s mistaken calculation. The district court warned Thomas before accepting his plea that the agreement did not bind the court and the court followed every other provision of the plea agreement. Because the district court did not err, much less commit plain error, we affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.