United States v. Dokes, No. 16-3796 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed defendant's sentence of five years probation including six months confinement and order of restitution to the Social Security Administration. Defendant pleaded guilty to theft of United States property for knowingly receiving four Social Security disability benefits to which he was not entitled, and the district court applied a six-level sentencing enhancement under 2B1.1(b)(1)(D). The court held that the district court did not err by denying defendant's motion for leave to file his untimely objections. Furthermore, the motion was futile because he failed to object with specificity and clarity to fact statements in the presentencing report; overpayments began when he became capable of substantial gainful activity, regardless of when he began earning income; and had the district court allowed defendant to raise an untimely objection to the amount of loss, the government could have presented evidence addressing when he was able to engage in substantial gainful activity, when he intended to begin receiving benefits he did not deserve, and how long he intended those benefit thefts to continue.