United States v. Deangelo D. Thomas

178 F. App'x 935
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 28, 2006
Docket05-12572
StatusUnpublished
Cited by1 cases

This text of 178 F. App'x 935 (United States v. Deangelo D. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Deangelo D. Thomas, 178 F. App'x 935 (11th Cir. 2006).

Opinion

PER CURIAM:

Deangelo D. Thomas appeals his convictions and 235-month sentences for assaulting a Deputy United States Marshal and inflicting bodily injury on him with use of a deadly and dangerous weapon and for being a felon in possession of a firearm. Because the district court did not plainly err when it found that Thomas’ plea was made knowingly and voluntarily and did not clearly err when it found that he was competent to enter his plea, we affirm his convictions. Thomas’ valid appeal waiver forecloses the sentencing issues he raises. Therefore, we dismiss his sentencing appeal.

I.

In a superseding indictment, Thomas was charged with one count of assault of a Deputy United States Marshal and infliction of bodily injury with use of a deadly and dangerous weapon (an automobile) in violation of 18 U.S.C. § 111(a)(1), (b); two counts of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(e)(1); and one count of possession of ammunition by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1), 924(e)(1). Thomas filed a motion for a psychiatric evaluation to determine his mental competency to understand the proceedings against him and to determine whether he was mentally competent at the time of the alleged offense. The magistrate judge granted that motion and ordered Thomas to be examined by a forensic psychologist, Dr. Kimberly Svec Ackerson.

Dr. Ackerson’s report stated that Thomas communicated clearly and was pleasant and respectful during the examination. During the course of the examination, Thomas took a verbal IQ test, and his score was extremely low. Based on discussion and interaction with Thomas, Dr. Ackerson concluded that despite the results of the test, his verbal intellectual function was actually in the low to borderline range, which was consistent with Thomas’ statements that he had been enrolled in special education classes when he attended school and that he had limited academic experience.

Dr. Ackerson determined that Thomas had never suffered from a serious mental illness and that he did not meet the criteria for mental retardation. In terms of his competency to stand trial, Dr. Ackerson concluded that Thomas demonstrated a satisfactory understanding of the primary charge against him and that he appeared aware of the seriousness of the situation. She also concluded that Thomas had an adequate understanding of basic court-related procedures and that at the time he committed the alleged offense, he was able to understand right from wrong and could appreciate the nature of his conduct.

In a written plea agreement, Thomas pleaded guilty to Count One (assault and infliction of bodily injury) and Count Two (felon in possession of a firearm) of his indictment. The plea agreement contained a sentence appeal waiver, which permitted Thomas to appeal his sentence only on these grounds: (1) a sentence imposed in excess of the statutory maximum; (2) a sentence that constituted an upward departure from the guidelines sentencing range as determined by the court at the time the sentence was imposed; and (3) a claim of ineffective assistance of counsel. Thomas initialed the appeal waiver provision and signed in the signature block for the entire plea agreement. Thomas also initialed a Blakely appeal waiver provision, but during the plea colloquy that provision *938 was struck from the agreement because Thomas did not understand it.

At the plea hearing, the district court initially noted that a psychologist had found Thomas competent and able to assist his defense counsel at trial. When questioned about Thomas’ mental ability or competence to enter a plea, Thomas’ counsel responded that Thomas understood the basic elements of the charges against him, that he understood he was on trial, and that he had helped to prepare his the case for trial. Defense counsel also stated that Thomas did not understand certain legal concepts pertaining to statutory mínimums in relation to the felon in possession of a firearm charge and that he did not understand aspects of the distinction between the charge for possessing a firearm and for possessing ammunition. Based on that, Thomas’ counsel told the court that “there are concepts in trying to reach a plea agreement that my client simply doesn’t understand.” Plea Colloquy Tran, at 3. He emphasized that Thomas had trouble understanding sentencing issues, but when the court asked whether Thomas was competent to enter a guilty plea, he responded that “[i]f we reached an agreement, I think that he can enter a plea.” Id. at 5.

The district court explained to Thomas that no one could guarantee what minimum sentence would apply, but after hearing about Thomas’ prior convictions, the court’s “best guess” was that a fifteen year minimum sentence probably would apply to him. Id. at 7. The court gave Thomas ten minutes to discuss with his attorney whether he wanted to go to trial or to enter a guilty plea. After conferring with counsel, Thomas said that he wanted to go forward with his guilty plea.

Thomas’ counsel explained to the court that he had tried to help Thomas understand a provision in the plea agreement that waived his right to raise on appeal any constitutional challenges to the validity of the sentencing guidelines based on Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). According to counsel, however, because of his low IQ, Thomas could not understand those sentencing issues. After discussing the matter with Thomas, the court determined that the Blakely provision should be deleted from the plea agreement, and the government agreed to its removal. The court questioned Thomas about the other details of the sentence appeal waiver and found that Thomas understood them. His attorney confirmed that Thomas had knowingly and voluntarily agreed to the appeal waiver as revised. Thomas had initialed those provisions in the written plea agreement.

The court reiterated to Thomas that he did not have to plead guilty and that he was entitled to a jury trial if he chose not to plead. Then the following exchange occurred:

THOMAS: I’m just trying to make sure that I don’t get over 15 years. That’s what I was getting at.
THE COURT: Well, now, you can’t do that, because that’s the minimum sentence you’re facing is 15 years. If that enhancement applies, you are facing up to a life sentence. There’s no way [your attorney] can guarantee to you today, and I can’t guarantee you today and the government can’t guarantee that you’ll get not more than 15 years.
Now, what they’re recommending in the plea agreement is 15 years. That’s what they’re recommending to me, but it’s the judge who makes the final decision as to an appropriate sentence. I don’t have to accept the government’s recommendation[.] Do you understand?
*939 THOMAS: Yes, ma’am. Let’s go to trial. I can’t — let’s go to trial. I got to go—

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Bluebook (online)
178 F. App'x 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-deangelo-d-thomas-ca11-2006.