United States v. Thomas, No. 14-2750 (8th Cir. 2015)
Annotate this CaseIn 2008, Thomas pleaded guilty to distribution of cocaine base, 21 U.S.C. 841(a)(1) and was sentenced to 72 months imprisonment and four years supervised release. Thomas began supervised release in April 2013. In January, 2014, his probation officer petitioned for revocation for testing positive for marijuana use and failure to report for drug testing. The district court found a grade C violation but continued the case before sentencing. Two days later, Thomas was arrested for battery, aggravated assault, possession of a firearm, criminal mischief, and fleeing an officer following an incident in a nightclub parking lot. Based on an officer’s testimony, the district court found that Thomas "possessed a firearm and fired it" and "fled." The court declined to make findings about battery, assault, or damage to cars "because that was not the heart of the evidence" and "[t]he other evidence is enough to be a Grade A violation." Thomas did not object. The court calculated a guideline range of 33 to 41 months in custody and sentenced Thomas to 33 months. For the first time on appeal, Thomas argued that the evidence was insufficient to prove a grade A violation. The government agreed that this violation category was incorrect. The Eighth Circuit remanded for resentencing.
Court Description: Criminal case - Sentencing. The government concedes the district court erred in finding defendant had committed a grade A violation of the terms of his supervised release, and the case is remanded for resentencing.
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