§ 924(c) Counts 4 and 5 charged Thompson, having previously been convicted of a felony, with possession of a firearm and ammunition, respectively, in violation of 18 U.S.C. § 2113(a) Count 2 charged him with knowingly using and carrying a firearm in relation to a crime of violence, in violation of 18 U.S.C. Counts 1 and 3 charged defendant Phillip Thompson with two bank robberies, in violation of 18 U.S.C. Finding the record to be materially incomplete, we vacate and remand for an evidentiary hearing.Ī five-count indictment was filed in the Western District of Tennessee on January 13, 2010. On appeal, Thompson asks the court to vacate the judgment and remand with instructions ordering imposition of a sentence of fifteen years, in accordance with the prosecution’s original offer. The district court denied Thompson’s motion to vacate his sentence under 28 U.S.C. Because his attorney’s estimate was so wildly off-target, Thompson contends he was denied effective assistance of counsel. Had he known he was actually risking exposure to a 40-year prison sentence, Thompson contends he certainly would have accepted the prosecution’s offer. By refusing to plead guilty pursuant to agreement, Thompson preserved the right to challenge his sentence on appeal and hoped to win a reduction of the sentence. He refused the deal, against advice of counsel, in reliance on counsel’s estimate that he would otherwise likely face a sentence of just 16 to 19 years. In the process, he alleges that he declined the prosecution’s offer of a 15-year plea deal. Thompson pleaded guilty to all five counts without a plea agreement. Attorney, Memphis, TN, for Respondent-AppelleeĪppellant Phillip Thompson pleaded guilty to two bank robbery charges and three firearms offenses and was sentenced to forty years in prison. Attorney, Lauren Delery, Office of the U.S. Golder, Munger, Tolles & Olson, Washington, DC, for Petitioner-Appellant Phillip Thompson, Pro Se Lorraine Craig, Assistant U.S. 16-6531 Decided: March 28, 2018īEFORE: COOK, McKEAGUE, and STRANCH, Circuit Judges. UNITED STATES of America, Respondent-Appellee. Phillip THOMPSON, Petitioner-Appellant, v. United States Court of Appeals, Sixth Circuit.
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