United States v. Thompson, No. 13-1822 (1st Cir. 2017)Annotate this Case
Defendant pled guilty to drug conspiracy and arson charges. Prior to sentencing, Defendant moved to withdraw his plea, arguing that he did not have the opportunity to personally review certain discovery materials. The district court denied the motion. The district court based its sentencing on the finding that Defendant was a career offender under the sentencing guidelines. One of the predicate offenses supporting Defendant’s career offender designation was a Massachusetts conviction for assault and battery with a dangerous weapon, which the court found qualified as a “crime of violence” under the “residual clause” of U.S.S.G. 4B1.2(a)(2). The First Circuit affirmed, holding (1) the district court properly denied Defendant’s motion to withdraw his guilty plea; and (2) Defendant’s sentence was constitutional.