Thompson v. United States

Appellant Otis Thompson appeals the district court’s denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. We hold that the sentencing court’s failure to advise Appellant of his right to appeal his sentence constitutes error per se. Therefore, we reverse and remand for resentencing with notice to Appellant of his right to appeal the sentence. 1

In 1988, while represented by counsel, Appellant pled guilty to conspiracy to possess with intent to distribute 50 grams or more of crack cocaine. Neither party objected to the Presentenee Report (PSR), and the…