United States v. William Thomas, No. 17-1129 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Colloton and Benton, Circuit Judges] Criminal case - Sentencing. The within-guidelines sentence imposed was the sentence defendant requested at his revocation sentencing, and the issues he raises with respect to the sentence were not raised below and are waived; even if the issues were not waived, the sentence imposed was substantively reasonable.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1129 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. William Thomas lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: January 10, 2018 Filed: February 13, 2018 [Unpublished] ____________ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. William Thomas violated the conditions of his supervised release by selling heroin to a confidential informant. He requested 37 months’ imprisonment and no supervised release. The district court1 sentenced him to 37 months’ imprisonment and 14 months’ supervised release. He appeals the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. This court reviews the substantive reasonableness of a “sentence on revocation of supervised release under the same reasonableness standard that applies to initial sentencing proceedings.” United States v. Boelter, 806 F.3d 1134, 1136 (8th Cir. 2015) (internal quotation marks omitted). This court reviews “for plain error an argument not raised at sentencing.” United States v. Pate, 518 F.3d 972, 975 (8th Cir. 2008). Under plain-error review, “the defendant has the burden to prove that there was (1) error, (2) that was plain, . . . (3) that affected substantial rights;” and (4) that “seriously affect[ed] the fairness, integrity, or public reputation of judicial proceedings.” Id. (internal quotation marks omitted). However, “[t]he plain error standard only applies when a defendant inadvertently fails to raise an objection in the district court.” United States v. Thompson, 289 F.3d 524, 526 (8th Cir. 2002). When a defendant invites the error, “this court will not conduct plain-error review.” United States v. Campbell, 764 F.3d 874, 879 (8th Cir. 2014). Thomas believes his within-guidelines sentence is substantively unreasonable because the district court “erred in failing to sua sponte consider the impact” of his “learning disability, Attention Deficit Hyperactivity Disorder, and his behavior disorder on his ability to comply with the conditions of supervision.” Thomas did not raise these issues at the revocation hearing; in fact, he affirmatively requested the 37month sentence. Any alleged error is, therefore, unreviewable on appeal. Id. at 878 (“Where . . . a defendant knowingly and voluntarily waives a right, any error is unreviewable on appeal. In other words, [a]n erroneous ruling generally does not 1 The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri. -2- constitute reversible error when it is invited by the same party who seeks on appeal to have the ruling overturned.”) (internal citation and quotation marks omitted). Even if Thomas had not requested the sentence, the district court did not err, let alone plainly err, in sentencing him within the guidelines. See United States v. Murphy, 248 F.3d 777, 779-80 (8th Cir. 2001) (finding no plain error in the district court’s failure to depart downward where the defendant did not seek a departure but rather requested a sentence at the low end of the guidelines). ******** The judgment is affirmed. ______________________________ -3-
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