United States v. Floyd Bennett Thornton

Per Curiam.

An elderly Arizona man was robbed and murdered in his home on July 9, 1991. The killer tied up the victim’s companion and fled in the victim’s car. PSR 5. Floyd Thornton was arrested in Oregon twelve days later with the murder weapon in his pocket and the stolen car nearby, where he had crashed it. PSR 4.

Five months later, Thornton was indicted for being a felon in possession of a firearm and for possessing a sawed-off shotgun. ER 1 — 4. In a written plea agreement, see ER 6, the government agreed to recommend both a sentence at the low end of the guideline range and a two level credit for acceptance of responsibility, while also confirming that Arizona would not seek the death penalty, recommend enhancements or ask for a high-end sentence. In turn, Thornton pled guilty to the felon-in-possession charge and the state murder charge. After the plea was entered, the district judge sentenced Thornton to life imprisonment, a term consistent with the presentence report. PSR 13.

I

A. In light of his sentence — which he claims was far tougher than he expected — Thornton complains that he should have been allowed to withdraw his guilty plea. But even if Thornton’s attorney…