Thomas was one of five defendants charged in a second superseding indictment. He was charged with thirteen total counts of criminal activity: conspiring to sex-traffic at least four victims, actual trafficking of women through fraud, force, and coercion, conspiracy to traffic heroin and methamphetamine, distribution of heroin and methamphetamine, possession of a firearm in furtherance of drug trafficking, running a prostitution enterprise, and multiple counts of obstruction of justice. On June 17, 2016, Thomas pled guilty to conspiracy to engage in drug trafficking, conspiracy to engage in sex trafficking, sex trafficking, and possession of a firearm in furtherance of a drug-trafficking crime.
Thomas' criminal behavior, outlined in the Pre-Sentence Report (PSR) (Dkt. No. 264), included the following:
• routine, malicious beating of one of his female victims (Victim 4) (PSR ¶¶ 17-18, 26);
• distribution of heroin and methamphetamine (PSR ¶¶ 65-66, 74-84, 93-95); • exploitation of approximately twelve women as prostitutes, many of whom he beat, threatened, defrauded, coerced, or took advantage of sexually (PSR ¶¶ 24, 49, 74);
• manipulation of vulnerable young women by exploiting their heroin addictions in exchange for sexual favors and prostitution services (PSR ¶¶ 44-45, 82, 93);
• possession and brandishing of firearms, despite being a convicted felon, in connection with his drug and sex trafficking (PSR ¶¶ 15, 25, 27, 45, 55, 57, 67, 74, 102);
• armed confrontations with other drug dealers (id.);
• threatening to kill various women's families, including one threat to videotape the rape and murder of a woman's children and force the woman to watch the video (PSR ¶¶ 36, 45);
• threatening to rape a federal agent's wife and murder his children (PSR ¶¶ 42, 48, 54); and
• destruction of evidence and subornation of perjury (PSR ¶¶ 21, 64, 101).
On June 7, 2016, Thomas signed a plea agreement pursuant to Rule 11(c)(1)(C), without which Thomas would have had a guideline range of 360 months to life imprisonment. Under the plea agreement, Thomas was guaranteed a range of incarceration between 240 and 324 months, or Thomas could withdraw his plea. It also provided for the possibility of a sentence as low as 200 months with cooperation and substantial assistance (which did not happen). In exchange, the government received an appeal and collateral attack waiver, a written confession from Thomas, and a lengthy sentence that spared Thomas' victims the ordeal of testifying in open court.
A Rule 11 plea hearing was held on June 17, 2016. The court asked Thomas if he fully understood the five counts to which he was pleading guilty, and Thomas responded, "Yes, ma'am." (Plea Hr'g Tr. 7, Dkt. No. 250.) The government listed the elements of the crimes, after which Thomas confirmed that he understood those elements and had talked about them with his attorney. The court advised Thomas of the minimum and maximum penalties and that hewould have to register as a sex offender as a result of his convictions. Thomas indicated that he understood the penalties and the sex offender requirement. (Id. at 20-21.)
The government then summarized the most pertinent terms of the plea agreement: Thomas' admission that he was pleading guilty because he was "in fact guilty" and it was in his "best interest" to do so; Thomas' acknowledgement that he was "fully satisfied" with his attorney and his attorney's advice; Thomas' agreement to waive his right to collaterally attack his conviction and sentence, except for claims not waivable by law; Thomas' willing stipulation to a factual basis to support his plea; and Thomas' awareness of the consequences of his plea. (Id. at 28.) Thomas indicated to the court that he had initialed each page of the plea agreement, signed it after talking to his attorney, understood it, and that no one forced him to sign the agreement. (Id. at 28-29.) Thomas also directly stated that he wanted the court to accept the plea agreement, that he was waiving his right to directly appeal and collaterally attack his plea and sentence, and that he was fully satisfied with the advice and representation of his attorney. (Id. at 39-40.)
The court then asked the government to provide a factual basis for the plea, which was read into the record. (Id. at 40-45.)
In the summer of 2015, I and two other individuals called ourselves the 'Bang Brothers.' My street name was 'Gambino.' From July 2015 until my arrest in March 2016, I bought and sold heroin, methamphetamine, and other illegal drugs. I had multiple sources from whom I bought heroin and methamphetamine. One of my sources of methamphetamine was Noel Solett, a/k/a 'Miami.' Another of my sources was SOURCE2. I bought crystal methamphetamine about 20 times from SOURCE2 in January and February 2016. I knew that Solett had other customers, and that Solett was buying and selling ounces of crystal methamphetamine regularly.
I understand that Solett has provided statements to law enforcement that he purchased approximately 1,000 grams of crystal methamphetamine from Tyler Johnson between November 2015 and February 2016. I understand that Tyler Johnson has providedstatements to law enforcement, as well as under-oath testimony, that he purchased between 15 pounds (6,803 grams) and 30 pounds (13,607 grams) of crystal methamphetamine from Joshua Voress during that same time period, and that Solett and SOURCE2 were Johnson's two primary customers.
I am a drug addict. From July 2015-February 2016, I sold methamphetamine and heroin on the street, in part to support my drug habit. I also provided methamphetamine and heroin to women who were working as prostitutes. Another member of the Bang Brothers also provided methamphetamine and heroin to women who were working as prostitutes.
During this same time period, I periodically possessed firearms, including but not limited to a revolver and a sawed-off shotgun. These firearms did not belong to me, but I borrowed them from others. I possessed these firearms to improve my image and provide protection when doing drug deals and interacting with others involved in criminal activity.
From approximately July 2015 through February 2016, I, along with other unindicted individuals, ran a prostitution business involving multiple women in Roanoke and Charlottesville, including but not limited to V1, V2, V3, and V4. I got the idea from I.G. who also ran a prostitution business. During this time period, I was destitute and primarily living out of hotels, including the Ramada Inn and Days Inn in Roanoke City. I posted prostitution advertisements on www.Backpage.com through an account on my cell phone that I established using my gmail email address and cell phone number. The customers ('Johns') came to the hotels for in-call services. Generally speaking, I lived off of the money the women earned and the money I made from selling drugs. I used the money to pay for hotel rooms and buy drugs and food. I provided illegal drugs, primarily heroin and crystal methamphetamine, to the women who were working as prostitutes. Solett frequently visited the hotels where I was living. He was aware of my prostitution activities and he also sold or provided methamphetamine to the prostitutes.
I know the true identities of the individuals identified in the Second Superseding Indictment as V1, V2, V3, and V4. From at least September 2015 through February 2016, I was physically abusive to V4 on a regular basis. I slapped, punched, and choked her. On at least one occasion, I held a knife to her throat. On at least one occasion, I tasered her. I beat her when she was pregnant. I beat her in front of others, including women who were prostituting for me.
I prostituted V4 in both Roanoke and Charlottesville in the fall of 2015 by posting ads of V4 on www.BackPage.com and collecting the proceeds from her prostitution services. I agree that V4 accurately told law enforcement that when she wanted to 'turn down' prostitution acts, she 'got into trouble' with me and that I threatened her so that she would perform the prostitution acts.
In January 2016, V1 worked for me as a prostitute for four days at the Ramada Inn in Roanoke. I initially offered to be her pimp in exchange for 30 percent of the proceeds of her prostitution services. After she began working for me, I ended up with all of the proceeds V1 earned from prostitution activity, which were used for drugs, food, and to pay the hotel bill. I knew V1 had a drug habit, and at times I told her I could not buy heroin until after she performed prostitution activity and made money for the drugs. There were occasions when I threatened to physically hurt her. When she sought to leave the hotel, I threatened her with physical harm if she told anyone about our arrangement. I deleted text messages and other incriminating evidence off her cell phone.
In the fall of 2015 through January 2016, V3 at times worked as a prostitute for me and I made money off her prostitution activities. I knew V3 had a drug habit, and at times I told V3 that I would not be able to get her drugs until after she performed prostitution activity. I also threatened to physically hurt her if she did not 'work' (i.e. prostitute).
I was arrested on March 3, 2016. While I was detained in jail pending trial, I made several phone calls to, and had jail or video visits with, my mother and V4. I requested that they destroy a cell phone that contained evidence of my Backpage account and I asked
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