United States v. Thomas McGowan

Thomas McGowan appeals his sentence of 188 months’ imprisonment, imposed following his guilty plea for possession with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. § 841. For the reasons that follow, we vacate and remand for resentencing.

I. Background

On March 30, 2004, McGowan was indicted for possession with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. § 841. He agreed to plead guilty without a written plea agreement. At his change-of-plea hearing, McGowan consented to a magistrate judge. The government made the…