United States v. Freddie Lee Thomas

MORRIS SHEPPARD ARNOLD, Circuit Judge,

with whom RICHARD S. ARNOLD, Chief Judge, and McMILLIAN and BEAM, Circuit Judges, join, dissenting.

I respectfully dissent from the judgment of the court.

When this ease was originally argued, the government’s sole argument on appeal was that this court did not have jurisdiction to consider it. I agree entirely with the court *825that this argument is meritless. The statute provides an appeal for a sentence imposed “in violation of law,” 18 U.S.C. § 8742(a)(1), and the defendant’s argument here is that the district court relied on facts in sentencing him that…