United States v. Charles Edgar Thayer

Thayer contends that, because he is terminally ill and likely to die in prison, the district court abused its discretion in denying his Fed.R.Crim.P. 35(b) motion to reduce his 10-year sentence to suspension on time served. Affirmed.

FACTS

While serving a 45-year prison term in Georgia for violation of securities laws, Thayer was indicted on six counts of wire fraud in the Western District of Washington. He came to trial in federal court and was found guilty on four counts.

In July 1987, the court sentenced him to 20 years (four consecutive five-year terms), the maximum sentence allowable, and ordered him to undergo a medical evaluation. See 18 U.S.C. § 4205 (c). Physicians diagnosed cancer of the esophagus and placed Thayer’s life expectancy at approximately one year.

In October 1987, having reviewed the medical study, the court resentenced Thayer to a total of 10 years in custody, to be followed by five years probation.

One month later Thayer moved the court under Fed.R.Crim.P. 35(b) for reduction of his sentence to time served. He argued that, in light of the medical study, his ten-year sentence was clearly a life-sentence and was unduly harsh. The court denied that…