United States v. Charles Thomas
Opinion
Opinion
Tashima, J.
Charles Thomas appeals his 120-month sentence following his guilty plea conviction for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). Thomas was sentenced to the statutory minimum sentence provided by 21 U.S.C. § 841 (b)(1)(A) because his indictment charged that he possessed with the intent to distribute “more than 50 grams of cocaine base.” He argues on appeal that, although he pleaded guilty, he never admitted to that quantity of drugs, and in fact repeatedly sought to preserve his right to contest that fact. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we vacate and remand for resentencing.
BACKGROUND
On October 29, 2001, San Francisco police officers stopped a car in which Charles Thomas was a passenger. When the car pulled over, Thomas got out of the vehicle and started to flee. As officers pursued Thomas on foot, he stumbled and dropped a clear plastic bag. The bag contained three plastic bags, each of which contained what appeared to be a rock of crack cocaine. A police laboratory report indicated that Thomas had 77.86 grams of cocaine base in his possession.