United States v. Thomas-Mathews, No. 21-1824 (6th Cir. 2023)
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Thomas-Mathews pleaded guilty to possession with intent to distribute controlled substances, 21 U.S.C. 841(a)(1), (b)(1)(C), and to two counts of possession of a firearm in furtherance of drug trafficking, 18 U.S.C. 924(c)(1)(A)(i). Thomas-Mathews objected to the PSR’s “weight attribution to cocaine base versus cocaine as an unwarranted disparity” and requested the use of a 1:1 ratio. Thomas-Mathews also alleged he experienced a challenging childhood, including food insecurity and physical and sexual abuse by his uncle. His juvenile convictions include criminal sexual conduct, larceny, and drug possession. His adult convictions include drug offenses, domestic violence, and perjury in connection with a murder investigation. While serving his sentences for these crimes, Thomas-Mathews appeared to have turned his life around when he got out of prison in 2017, becoming involved with his children and “getting a barbershop.” The pandemic hurt Thomas-Mathews’ career as a barber and he “got back into [his] old style of living.”
The Sixth Circuit vacated his sentence of 60 months for the drug count, and two 60-month consecutive sentences for each of the gun counts as procedurally unreasonable. The court did not acknowledge the scope of its discretion concerning the crack-to-powder ratio and did not address specifically that failing to use the 1:1 ratio would result in an excessive sentence for Thomas-Mathews. The court’s discussion of section 3553(a)'s factors was limited to Thomas-Mathews’ criminal history without addressing Thomas-Mathews’ personal history and characteristics.
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