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U.S. v. THOMAS

No. 02-10409.

355 F.3d 1191 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Charles THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2004.

Attorney(s) appearing for the Case

Daniel P. Blank, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellant.

Michael Wang, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

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...

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