Legal Opinion · Dissent

United States v. Joel Thomas, Jr.

Court of Appeals for the Ninth Circuit

Decided December 20, 2016No. 14-10427Published

1DissentKozinski, Circuit Judge

Joel Leoh Thomas, Jr., barely 24 years old when he was sentenced, will be 73 when he gets out of prison. How did a young man get half a century following a conviction for three bank robberies — two of which he wasn’t present for and none of which resulted in physical harm? The answer is as troubling as it is simple: The district judge misunderstood the scope of his discretion and therefore failed to impose a sentence that is substantively reasonable.

The record leaves no doubt that the district judge believed he lacked discretion to reduce Thomas’s sentence. This is what he said:

When all of…

2Cases cited8 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Amezcua-VasquezCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. Eric Washington, United States of America v. Eric WashingtonCourt of Appeals for the Ninth Circuit · 2006
  4. United States v. CroweCourt of Appeals for the Ninth Circuit · 2009
  5. Rita v. United StatesSupreme Court of the United States · 2007

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