United States v. Joe Alfred Thomas, Jr., 894 F.2d 996 (8th Cir. 1990). · Go Syfert
United States v. Joe Alfred Thomas, Jr., 894 F.2d 996 (8th Cir. 1990). Cases Citing This Book View Copy Cite
40 citation events (17 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Adams (ca9, 2006-01-03)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Adams
9th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
the district court complied with the requirements of rule 11(c)(1) by advising thomas of the maximum statutory penalty for his offenses.
discussed Cited as authority (verbatim quote) United States v. Thomas (2×) also: Cited "see"
N.D. Iowa · 1993 · signal: see · quote attribution · 1 verbatim quote · confidence high
the district court is not required to inform the defendant during a plea proceeding of the applicable guideline range or the actual sentence he will receive.
discussed Cited as authority (rule) United States v. Ronald Bruce Adams (2×)
9th Cir. · 2006 · confidence medium
A defendant represented by competent counsel will be in a position to enter an intelligent plea.") 17 Maree, 934 F.2d at 200 ("Maree first contends that the district court was required to advise him that it was obligated to consider the applicable sentencing guidelines."). 18 Id. 19 Id. at 200 (emphasis in original). 20 Id. 21 See, e.g., United States v. Watley, 987 F.2d 841, 846 (D.C.Cir.1993) (Noting that Rule 11 refers to "statutory prescriptions"); see also United States v. Mosley, 173 F.3d 1318 , 1327 & n. 11 (11th Cir.1999); United States v. Rhodes, 913 F.2d 839, 843-44 (10th Cir.1990) (…
discussed Cited as authority (rule) United States v. Jason M. Weiland
8th Cir. · 2002 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.1990), did not involve a relevant conduct analysis, but rather an analysis of whether the defendant was properly classified as a career offender. 4 Our subsequent holding in Kenyon makes it clear that all facts and circumstances of an offense must be examined when the issue is relevant conduct.
discussed Cited as authority (rule) United States v. Jason M. Weiland
8th Cir. · 2002 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir. 1990), did not involve a relevant conduct analysis, but rather an analysis of whether the defendant was properly classified as a career offender.4 Our subsequent holding in Kenyon makes it clear that all facts and circumstances of an offense must be examined when the issue is relevant conduct.
discussed Cited as authority (rule) United States v. Moon
E.D. Va. · 2002 · confidence medium
DeFusco, 949 F.2d at 118 ; see also United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990)(court not required to inform defendant of sentencing range prior to accepting guilty plea), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991); United States v. Thomas, 894 F.2d 996, 997 (8th Cir.)(same), cert. denied, 495 U.S. 909, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990); United States v. Fernandez, 877 F.2d 1138, 1143 (2d Cir.1989)(same).
discussed Cited as authority (rule) United States v. Bobby Reddick
6th Cir. · 1995 · confidence medium
United States v. Samuels, 970 F.2d 1312, 1316 (4th Cir.1992); United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (per curiam), cert. denied, 495 U.S. 909 (1990); United States v. Cruz, 882 F.2d 922, 924-26 (5th Cir.1989); United States v. Huff, 873 F.2d 709, 713-14 (3d Cir.1989); United States v. Alves, 873 F.2d 495, 497-98 (1st Cir.1989).
discussed Cited as authority (rule) United States v. Larry Wayne Natt
8th Cir. · 1995 · signal: cf. · confidence medium
P. 11(c)(1) when it told Natt it would impose a 5-year term "if required to do it by law." See United States v. Ludwig, 972 F.2d 948, 951 (8th Cir. 1992) (defendant not entitled to withdraw plea where district court apprised him of possible range of punishment and that Guidelines would apply); cf. United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (per curiam) (district court not required to inform defendant of actual sentence he will receive), cert. denied, 495 U.S. 909 (1990).
discussed Cited as authority (rule) United States v. Alexander Newell (91-1332), Lawrence Newell (91-1692)
6th Cir. · 1992 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.), cert. denied, 495 U.S. 909 (1990). 16 In the case before us, Alexander Newell entered into a plea agreement knowing that certain matters, most importantly the amount of drugs involved in the conspiracy, would be resolved at a subsequent proceeding.
cited Cited as authority (rule) United States v. Donald Eugene Fortney
8th Cir. · 1992 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (per curiam), cert. denied, 495 U.S. 909 , 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990).
discussed Cited as authority (rule) United States v. Donnie M. Young (2×)
8th Cir. · 1991 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.), cert. denied, --- U.S. ----, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990).
discussed Cited as authority (rule) United States v. Artemio Gomez-Cuevas
10th Cir. · 1990 · confidence medium
Id. at 1143 (citing advisory committee’s notes to 1974 amendment); accord United States v. Salva, 902 F.2d 483, 486-87 (7th Cir.1990); United States v. Thomas, 894 F.2d 996, 997 (8th Cir.), cert. denied, — U.S. -, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990); United States v. Henry, 893 F.2d 46, 48 (3d Cir.1990); United States v. Turner, 881 F.2d 684, 686 (9th Cir.), cert. denied, — U.S. ——, 110 S.Ct. 199 , 107 L.Ed.2d 153 (1989). 5 In United States v. Henry, the Third Circuit further explained the rationale behind this requirement.
discussed Cited as authority (rule) United States v. Dell Hester A/K/A Jerry Smith (2×)
8th Cir. · 1990 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (per curiam), cert. denied, --- U.S. ----, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990); United States v. Whyte, 892 F.2d 1170, 1172-73 (3d Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 1793 , 108 L.Ed.2d 794 (1990).
cited Cited as authority (rule) United States v. Jeffrey Jones
8th Cir. · 1990 · confidence medium
See U.S. v. Turner, 881 F.2d 684, 687 (9th Cir.) cert. denied, — U.S.-, 110 S.Ct. 199 , 107 L.Ed.2d 153 (1989); U.S. v. Thomas, 894 F.2d 996, 997 (8th Cir.1990).
cited Cited as authority (rule) United States v. Gary Benjamin Williams
8th Cir. · 1990 · confidence medium
Id.; United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (per curiam), cert. denied, — U.S. -, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990).
cited Cited as authority (rule) United States v. Roy C. Green
8th Cir. · 1990 · confidence medium
United States v. Thomas, 894 F.2d 996, 997 (8th Cir.1989) (per curiam) (citing cases), reh’g denied, (April 4, 1990).
discussed Cited as authority (rule) United States v. Ervin Earl Rutter
10th Cir. · 1990 · confidence medium
The district court “is not required to inform the defendant of the applicable guideline range or the actual sentence he will receive.” United States v. Thomas, 894 F.2d 996, 997 (8th Cir.1990); Fernandez , 7 877 F.2d at 1143.
discussed Cited "see" United States v. Louis Samuels
4th Cir. · 1992 · signal: see · confidence high
See United States v. Thomas, 894 F.2d 996, 997 (8th Cir.1990); United States v. Cruz, 882 F.2d 922, 924-26 (5th Cir.1989); United States v. Huff, 873 F.2d 709, 713-14 (3d Cir.1989); United States v. Alves, 873 F.2d 495, 497-98 (1st Cir.1989).
discussed Cited "see, e.g." United States v. David Allen Hagen Defusco, (Two Cases)
4th Cir. · 1991 · signal: see also · confidence low
See also United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990) (court not required to inform defendant of sentencing range prior to accepting guilty plea), cert. denied, — U.S. -, 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991), United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (same), cert. denied, — U.S. -, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990), United States v. Turner, 881 F.2d 684, 687 (9th Cir.) (same), cert. denied, 493 U.S. 871 , 110 S.Ct. 199 , 107 L.Ed.2d 153 (1989).
discussed Cited "see, e.g." United States v. Mustafa A. Abdullah
8th Cir. · 1991 · signal: see also · confidence medium
Young, 927 F.2d at 1064 ; see also United States v. Thomas, 894 F.2d 996, 997 (8th Cir.) (no need to inform defendant of applicable guideline range at Rule 11 hearing), cert, denied, — U.S. —, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Joe Alfred THOMAS, Jr., Appellant
89-2333.
Court of Appeals for the Eighth Circuit.
Apr 3, 1990.
894 F.2d 996
1990 WL 4487
Mark C. Meyer, Cedar Rapids, Iowa, for appellant., Richard L. Murphy, Cedar Rapids, Iowa, for appellee.
Beam, Bowman, Per Curiam, Wollman.
Cited by 27 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Ninth Circuit (1)
PER CURIAM.

Joe Alfred Thomas, Jr., appeals the sentence imposed by the District Court [1] after he pleaded guilty to one count of distribution and aiding and abetting in the distribu[*997] tion of 28.3 grams of cocaine in violation of 21 U.S.C. § 841(a)(1) (1982) and 18 u.S.C. § 2 (1988), and one count of conspiracy to distribute and possession with intent to distribute 500 or more grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Thomas was sentenced under the Sentencing Guidelines as a career offender to 262 months for the conspiracy count, and 210 months for the distribution count, to be served concurrently, and was ordered to pay $2,525 restitution, and a $100 special assessment.

Thomas asserts that the District court violated Fed.R.crim.P. 11(c)(1) by falsely advising him that his state drug conviction would not be used for enhancement purposes, and therefore that his guilty plea was not voluntary. Thomas also argues that two prior state convictions were used improperly to establish his status as a career offender, and that the court failed to make findings in the pre-sentence report regarding certain disputed facts, specifical-iy, acceptance of responsibility, role in the offense, and drug quantity, as required by the Guidelines and Fed.R.Crim.P. 32(c)(3)(D). We affirm.

The District Court complied with the requirements of Rule 11(c)(1) by advising Thomas of the maximum statutory penalty for his offenses. The District Court is not required to inform the defendant of the applicable guideline range or the actual sentence he will receive. United States v. Fernandez, 877 F.2d 1138, 1143 (2d Cir.1989). The court told Thomas that his pri- or state drug conviction would not statutorily enhance his sentence, but would have an impact on his sentence because it would count in scoring his criminal history.

Thomas was properly classified as a career offender pursuant to the Guidelines because the instant offenses of conviction involved controlled substances and Thomas had two prior adult felony convictions. See United States Sentencing Commission, Guidelines Manual, § 4B1.1 (Nov.1989). The first was a 1986 felony conviction for delivery of a controlled substance. This conviction was prior to the date of the distribution offense, which occurred in Dc-cember 1987, for which Thomas was convicted in the instant case. Further, the District Court properly concluded that because the conspiracy for which Thomas was convicted ran from 1983 to 1988, the 1986 felony conviction occurred prior to the instant continuing conspiracy offense. Cf. United States v. Stewart, 878 F.2d 256, 258 (8th Cir.1989) (Sentencing Guidelines apply to conspiracy begun before hut ending after effective date of Guidelines because conspiracy is a continuing offense that continues until date of its termination). The second felony conviction was a February 1987 conviction for assault with intent to inflict serious bodily injury for which Thomas received a sentence of two years. Although this offense is classified as an aggravated misdemeanor under state law, the District Court properly found that the conviction was a prior felony pursuant to the Guidelines which define prior felony conviction as a prior conviction "for an offense punishable by death or imprisonment for a term exceeding one year, regardless of whether such offense is specifically designated as a felony and regardless of the actual sentence imposed." U.S.S.G. § 4B1.2, comment. (n.3).

Finally, the District Court complied with Rule 32(c)(3)(D) and the Sentencing Guidelines when it made its factual findings concerning the pre-sentence report. According to the Guidelines, the court is required to resolve only those disputed factors which are important to the sentencing determination. U.S.S.G. § 6A1.3(a). Several circuits have held that a career offender may not receive a reduction for acceptance of responsibility. See United States v. Cruz, 882 F.2d 922, 924-26 (5th Cir.1989); United States v. Reyes, 881 F.2d 155, 157 (5th Cir.1989); United States v. Huff, 873 F.2d 709, 713 (3d Cir.1989); United States v. Alves, 873 F.2d 495, 497 (1st Cir.1989). We agree with the holdings in these cases and, accordingly, agree with the District Court that the resolution of this factual issue was irrelevant to Thomas's sentence. Further, the District Court correctly concluded that because Thomas was a career offender, the applicable guide[*998] line range so far exceeded the statutory maximum term of imprisonment for Thomas’s convictions that a favorable resolution of the remaining factual disputes would have had no impact on Thomas’s sentence.

The sentence imposed by the District Court is affirmed.

1

. The Honorable David R. Hansen, United States District Judge for the Northern District of Iowa.