Marvel Thompson v. United States
2013 U.S. App. LEXIS 21194
| 7th Cir. | 2013Background
- Thompson pleaded guilty to conspiracy to possess and distribute cocaine and heroin and was sentenced to 540 months; the conviction and sentence were affirmed on appeal.
- In 2004 Thompson was charged with 45 others in a Black Disciples conspiracy; he was the gang leader, used guns, and supervised the drug operation in Chicago.
- Thompson engaged in plea negotiations; initial tentative terms sought 10 years and return of seized property, but the finalized draft required admission to broader conduct and a longer sentence; Thompson rejected the written plea but entered a blind plea.
- At the plea hearing, Thompson admitted selling substantial quantities to co-conspirators and acknowledged the government would try to prove more facts at sentencing; the judge explained ranges and potential enhancements.
- After pleading, Thompson claimed the government had agreements with two cooperators to seek ~10-year sentences; Gambino represented him and testified no formal agreement credit existed, while the government argued for a life sentence based on higher drug quantities and Thompson’s leadership and guns.
- Thompson later filed §2255 alleging government breach, involuntary plea, and ineffective assistance; the district court denied relief and this court affirmed, noting scope limits of the certificate of appealability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowingly voluntary plea and promised agreements | Thompson | Thompson argues breach of deals induced plea | Plea was knowing and voluntary; no inducement by alleged promises |
| Ineffective assistance regarding sentencing consequences | Thompson | Friedlander failed to clarify sentencing effects | No prejudice; counsel’s guidance and court’s colloquy cured potential prejudice |
| Effect of alleged government breach on plea validity | Thompson | Breach affected culpability and plea validity | Breach claim not established; no induced plea by breach |
| Counsel's effectiveness on appeal and sentencing (scope) | Thompson | Gambino ineffective; issues outside COA scope | Claims outside certificate are not before court; not considered |
Key Cases Cited
- Marby v. Johnson, 467 U.S. 504 (U.S. (1984)) (perjury defense and binding nature of final plea terms)
- Wyatt v. United States, 574 F.3d 455 (7th Cir. 2009) (plea colloquy cure for sentencing prejudice)
- Bethel v. United States, 458 F.3d 711 (7th Cir. 2006) (sentencing warnings mitigate defense prejudice)
- Florida v. Nixon, 543 U.S. 175 (U.S. 2004) (defendant has final say over plea decisions)
- Missouri v. Frye, 132 S. Ct. 1399 (S. Ct. 2012) (ineffective assistance must show prejudice to plead)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice requires showing of reasonable probability of different outcome)
- Hutchings v. United States, 618 F.3d 693 (7th Cir. 2010) (sworn assurances sustain plea validity)
- Florida v. Nixon, 543 U.S. 175 (U.S. 2004) (final say over trial decisions)
- United States v. White, 582 F.3d 787 (7th Cir. 2009) (court weighing enhancements and leadership findings)