U.S. v. Thornsbury, No. 11-7109
Decided Mar. 2, 2012
Kerney Ray Thornsbury was convicted of being a felon in possession of ammunition. He pleaded guilty and specifically waived his right to appeal his sentence. The government also waived any appeal of a sentence that was within or above the offense level determined by the district court. Kerney was sentenced to 33 months in prison and began serving his time. However, while incarcerated, Thornsbury was attacked by fellow inmates. Because of his assistance with the investigation, the government moved to reduce Thornsbury’s sentence; the district court denied the motion.
Thornsbury then filed an appeal with the Fourth Circuit, but the court dismissed. Because Thornsbury waived his right to appeal “any sentence,” he could not thereafter appeal the judge’s decision not to commute it.
-C. Alexander Cable