UNITED STATES v. THOMAS

No. 22-14119.

108 F.4th 1351 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Terius THOMAS, a.k.a. Terius Brown, a.k.a. Terry Brown, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: July 29, 2024.


Attorney(s) appearing for the Case

Alix I. Cohen, Robert Craig Juman, DOJ-USAO, Southern District of Florida, Lisa Tobin Rubio, U.S. Attorney Service Southern District of Florida, U.S. Attorney Service, Miami, FL, for Plaintiff-Appellee.

Margaret Y. Foldes, Federal Public Defender's Office, Fort Lauderdale, FL, Juan J. Michelen, Stumphauzer Kolaya Nadler & Sloman, PLLC, Miami, FL, Michael Caruso, Federal Public Defender's Office, Southern District of Florida, Miami, FL, for Defendant-Appellant.

Before Wilson, Grant, and Lagoa Circuit Judges.


Defendant-Appellant Terius Thomas appeals his upward-variance sentence of 120 months' imprisonment followed by three years of supervised release. On appeal, Thomas first argues that the district court's inaccurate calculation of his guidelines range affected his substantial rights because it impacted the baseline sentence from which the judge...

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