No. 19-3015.

999 F.3d 723 (2021)

UNITED STATES of America, Appellee v. Keniel Aeon THOMAS, also known as David Morgan, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2021.

Attorney(s) appearing for the Case

Rosanna M. Taormina , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender. Tony Axam Jr. , Assistant Federal Public Defender, entered an appearance.

Nicholas P. Coleman , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Elizabeth Trosman and Kathryn L. Rakoczy , Assistant U.S. Attorneys.

Concurring opinion filed by Circuit Judge Henderson.

Keniel Thomas, a resident of Jamaica, pleaded guilty to one count of interstate communication with intent to extort, in violation of 18 U.S.C. § 875(b), after botching a lottery scam.1 In the plea agreement, Thomas waived most of his rights to appeal. He retained only the rights to...


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