United States v. Calvin Thomas, 930 F.2d 12 (8th Cir. 1991). · Go Syfert
United States v. Calvin Thomas, 930 F.2d 12 (8th Cir. 1991). Cases Citing This Book View Copy Cite
32 citation events (12 in the last 25 years) across 8 distinct courts.
Strongest positive: Clarke v. Tnsg Health Co., Ltd. (ca9, 2025-10-09)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (rule) Clarke v. Tnsg Health Co., Ltd.
9th Cir. · 2025 · confidence medium
However, “when infringement is willful, the statutory damages award may be designed to penalize the infringer and to deter future violations.” Nintendo, 40 F.3d at 1011 (quoting Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 12 1224, 1228-29 (7th Cir. 1991)).
cited Cited as authority (rule) United States v. Tony Robinson
8th Cir. · 2016 · confidence medium
United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (enhancement for criminal history does not violate double jeopardy).
discussed Cited as authority (rule) United States v. Corey Harrison
8th Cir. · 2012 · confidence medium
Id. (citing United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (holding that enhancement for criminal history does not violate the Double Jeopardy Clause)); see also United States v. Andrews, 447 F.3d 806, 810 (10th Cir.2006) (“Andrews claims that the career offender enhancement imposed pursuant to U.S.S.G. § 4B1.1 violates the Double Jeopardy Clause of the Fifth Amendment.
discussed Cited as authority (rule) United States v. Archie Bob Jenkins
8th Cir. · 2007 · confidence medium
We reject Jenkins’s argument, see United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause), and hold his request for an equitable remedy is frivolous.
cited Cited as authority (rule) United States v. Hector Salmeron
8th Cir. · 2006 · confidence medium
See United States v. Sebastian, 436 F.3d 913, 917 (8th Cir.2006) (double-counting); United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (double jeopardy).
discussed Cited as authority (rule) United States v. Casmine Terrence Aska
2d Cir. · 2002 · confidence medium
See United States v. Meader, 195 F.3d 66, 67 (1st Cir.1999); United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991); United States v. Goolsby, 908 F.2d 861, 862-63 (11th Cir.1990) (per curiam); United *78 States v. Jimenez, 897 F.2d 286, 287-88 (7th Cir.1990); United States v. Carroll, 893 F.2d 1502, 1509-11 (6th Cir.1990); United States v. Vickers, 891 F.2d 86, 87-88 (5th Cir.1989) (per curiam); United States v. Wright, 891 F.2d 209, 211-12 (9th Cir.1989); United States v. Goldbaum, 879 F.2d 811, 812-14 (10th Cir.1989); United States v. Ofchinick, 877 F.2d 251, 255-56 (3d Cir.1989).
discussed Cited as authority (rule) United States v. G. Mendoza-Tinajero
8th Cir. · 2000 · confidence medium
A, intro. -2- comment. (1997) (defendant’s past crimes are “directly relevant” to sentencing under Guidelines); United States v. Baca-Valenzuela, 118 F.3d 1223, 1231 (8th Cir. 1997) (rejecting defendant’s ex post facto argument because § 1326 punishes offense of reentry, not underlying criminal offense); United States v. Thomas, 930 F.2d 12, 14 (8th Cir. 1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause).
cited Cited as authority (rule) United States v. Floyd Wesley Shulze
8th Cir. · 1997 · confidence medium
See United States v. Lincoln, 956 F.2d 1465, 1473 (8th Cir. 1992); United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir. 1991).
cited Cited as authority (rule) United States v. Floyd Wesley Shulze
8th Cir. · 1997 · confidence medium
See United States v. Lincoln, 956 F.2d 1465, 1473 (8th Cir.1992); United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Sylvester Bray
8th Cir. · 1996 · confidence medium
Cf. United States v. Saffeels, 39 F.3d 833, 836-37 (8th Cir. 1994) (holding "triple-counting" permissible, where defendant's prior felonies were used to convict him as felon-in-possession under § 922(g), enhance his sentence under § 924(e)(1), and determine his criminal history category under § 4A1.1); United States v. Thomas, 930 F.2d 12, 14 (8th Cir. 1991) (rejecting due process and double jeopardy challenges to § 4A1.1, where defendant was convicted of escape and criminal history was increased because defendant was under criminal sentence when he escaped).
discussed Cited as authority (rule) United States v. Sylvester Bray
8th Cir. · 1996 · confidence medium
Cf. United States v. Saffeels, 39 F.3d 833, 836-37 (8th Cir.1994) (holding "triple-counting" permissible, where defendant's prior felonies were used to convict him as felon-in-possession under § 922(g), enhance his sentence under § 924(e)(1), and determine his criminal history category under § 4A1.1); United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (rejecting due process and double jeopardy challenges to § 4A1.1, where defendant was convicted of escape and criminal history was increased because defendant was under criminal sentence when he escaped). 4 Accordingly, we affirm the jud…
discussed Cited as authority (rule) United States v. Lawrence A. Saffeels
8th Cir. · 1994 · confidence medium
Although we have acknowledged that in escape cases “a double-counting argument can be plausibly made,” we have aligned ourselves with six other circuits in concluding that “the unambiguous language of the enhancement provisions does not provide any exception for the offense of escape, indicating the Commission’s intent that the enhancement provisions apply.” United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991); see also United States v. Burnett, 952 F.2d 187, 189 (8th Cir.1991).
cited Cited as authority (rule) United States v. William D. Kirtley
8th Cir. · 1993 · confidence medium
Kirtley’s contention, however, is foreclosed by our holding in United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Debra Alessandroni
10th Cir. · 1992 · confidence medium
We held there that the district court properly increased a defendant’s criminal history score under U.S.S.G. §§ 4A1.1(d) and 4A1.1(e), because he was under a criminal *422 justice sentence at the time of escape and had committed the offense less than two years after release from imprisonment— even though confinement and imprisonment were also elements of the crime of escape. 879 F.2d at 813-14 ; accord United States v. Ofchinick, 877 F.2d 251, 255-57 (3d Cir.1989); United States v. Wright, 891 F.2d 209, 211-12 (9th Cir.1989); United States v. Vickers, 891 F.2d 86, 87-88 (5th Cir.1989) (p…
cited Cited as authority (rule) Rickford Munger v. Robert A. Erickson
8th Cir. · 1992 · confidence medium
United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991). 9 .
cited Cited as authority (rule) United States v. Rodney Thompson, AKA Dion Rodney McKenzie AKA Dion Ramond McKenzie
8th Cir. · 1992 · signal: cf. · confidence medium
Cf. United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (enhancement for criminal history does not violate double jeopardy).
discussed Cited as authority (rule) United States v. Earl M. Burnett, Also Known as Earl M. Burnett, Ii, Also Known as Earl M. Burnett, Iii, Also Known as Tad Burnett
8th Cir. · 1991 · confidence medium
The court rejected this argument, finding that the Guidelines provided no exception for the application of § 4Al.l(d) to a failure to appear for service of a sentence conviction. *189 The court concluded “that in formulating the base offense level in § 2J1.6 for the crime of failure to appear, the Sentencing Commission was aware that points would be added to the defendant’s criminal history score under § 4Al.l(d).” Id. at 881. 1 Burnett also acknowledges that in United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991), this court held that § 4Al.l(d) was applicable to persons convicte…
cited Cited "see" Wyandotte Nation v. Salazar
D. Kan. · 2013 · signal: see · confidence high
See Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094, 1100-01 (D.C.Cir.2003) (citing In re Barr Labs., Inc., 930 F.2d 12, 75 (D.C.Cir.1991)). .
cited Cited "see" United States v. Raul Madraso
8th Cir. · 2007 · signal: see · confidence high
See United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (no Double Jeopardy Clause violation).
cited Cited "see" United States v. Navarette-Benitez
8th Cir. · 2007 · signal: see · confidence high
See United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991) (stating the use of prior crimes to enhance a sentence does not violate the Double Jeopardy Clause).
cited Cited "see" United States v. Delgado-Ruiz
7th Cir. · 2007 · signal: see · confidence high
See United States v. Thomas, 930 F.2d 12, 14 (8th Cir.1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause).
cited Cited "see" United States v. Allende Delgado-Ruiz
8th Cir. · 2007 · signal: see · confidence high
See United States v. Thomas, 930 F.2d 12, 14 (8th Cir. 1991) (use of prior crimes to enhance sentence does not violate Double Jeopardy Clause).
cited Cited "see" United States v. Meader
1st Cir. · 1999 · signal: see · confidence high
See Sanders, 982 F.2d at 8 (citing United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir. 1991) (collecting cases)).
cited Cited "see" United States v. Meader
1st Cir. · 1999 · signal: see · confidence high
See Sanders, 982 F.2d at 8 (citing United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991) (collecting cases)).
discussed Cited "see, e.g." United States v. Michael Charles Beatty (2×)
8th Cir. · 1993 · signal: compare · confidence medium
Compare United States v. Burnett, 952 F.2d 187, 188-90 (8th Cir.1991) (holding that district court may consider defendant's underlying conviction under both Sec. 2J1.6(a) and Sec. 4A1.1(a) & (d) when sentencing him for failure to appear to serve his sentence), and United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991) (holding that district court may consider defendant's underlying conviction under both Sec. 2P1.1(a)(1) and Sec. 4A1.1(d) & (e) when sentencing him for escape), with United States v. Werlinger, 894 F.2d 1015, 1017-18 (8th Cir.1990) (holding that defendant's concealment of cri…
cited Cited "see, e.g." United States v. Steven H. Sanders
1st Cir. · 1992 · signal: see, e.g. · confidence medium
See, e.g., United States v. Thomas, 930 F.2d 12, 13-14 (8th Cir.1991) (collecting cases).
cited Cited "see, e.g." United States v. Sanders
1st Cir. · 1992 · signal: see, e.g. · confidence medium
See, e.g., United States v. ___ ____ _____________ Thomas, 930 F.2d 12, 13-14 (8th Cir. 1991) (collecting ______ cases).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Calvin THOMAS, Appellant
90-2378.
Court of Appeals for the Eighth Circuit.
Apr 9, 1991.
930 F.2d 12
Arthur L. Allen, Little Rock, Ark., for appellant., Pat Harris, Little Rock, Ark., for appel-lee.
Bowman, Gibson, John, Sachs.
Cited by 30 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: First Circuit (2)
JOHN R. GIBSON, Circuit Judge.

Calvin Thomas appeals his Guidelines sentence of 27 months imprisonment imposed by the district court [1] upon his guilty plea to one count of escape from a halfway house in violation of 18 U.S.C. § 751(a). The only issues raised on appeal by Thomas is that the court improperly applied U.S. S.G. § 4Al.l(d) and (e), adding a total of three points in computing his criminal history category because an offense was committed while he was under sentence and confined, and erred in refusing to depart downward from the Guidelines range. We affirm.

Thomas pleaded guilty to food stamp charges, was placed on probation and after its revocation was serving his sentence. After spending time in the federal correctional institution in Texarkana, Texas, he was transferred by the Bureau of Prisons to the St. Francis House Community Treatment Center in Little Rock, Arkansas. Shortly thereafter he left the St. Francis House without permission, was placed on escape status, and after his arrest was indicted for escape under 18 U.S.C. § 751(a). He entered a guilty plea to this charge.

The presentence report contained the Guideline calculations that were the basis for the sentence imposed upon Thomas. Thomas's total offense level was 11 (base level of 13 pursuant to § 2P1.1(a)(1) (escape when defendant is in custody for a conviction of any offense) with a 2-level reduction for acceptance of responsibility). The PSR calculated a criminal history category of V, based on 7 criminal history points for prior convictions, 2 points under § 4Al.l(d) for an offense committed while under a criminal justice sentence, and an additional point under § 4Al.l(e) for an offense committed while in confinement on a sentence of at least 60 days. [2] The resulting sentencing range was 24-30 months. The district court found that the PSR properly increased Thomas’s criminal history category under § 4Al.l(d) and (e), and sentenced him to 27 months.

Thomas argues that the application of Guidelines § 4Al.l(d) and (e), adding consideration of the earlier sentence and confinement to the offense of escape, constituted impermissible double punishment in violation of his constitutional rights; and alternatively that the district court erred in refusing to depart from the resulting Guidelines range.

We are confronted for the first time with the question of whether § 4Al.l(d) and (e) can be applied to persons convicted of escape. Other circuits have approved the application. See United States v. Goolsby, 908 F.2d 861, 863-64 (11th Cir.1990) (per curiam); United States v. Jimenez, 897 F.2d 286, 287-88 (7th Cir.1990); United States v. Carroll, 893 F.2d 1502, 1509-11 (6th Cir.1990); United States v. Vickers, 891 F.2d 86, 87-88 (5th Cir.1989) (per curiam); United States v. Wright, 891 F.2d 209, 211-12 (9th Cir.1989); United States [*14] v. Goldbaum, 879 F.2d 811, 813 (10th Cir.1989); United States v. Ofchinick, 877 F.2d 251, 255-57 (3d Cir.1989).

These courts have applied a statutory-interpretation analysis to the Guidelines, concluding the unambiguous language of the enhancement provisions does not provide any exception for the offense of escape, indicating the Commission’s intent that the enhancement provisions apply. See, e.g., Vickers, 891 F.2d at 88. The courts have further reasoned that because § 2P1.1 applies to escape from prison and from an arresting officer, as well as to assisting escape, it was not impermissible for the Commission to allow enhancement under § 4Al.l(d) or (e) when the crime is committed by a person who was incarcerated. See, e.g., Goolsby, 908 F.2d at 864; Goldbaum, 879 F.2d at 814; Wright, 891 F.2d at 211.

The courts have also rejected constitutional challenges to the application of these enhancement provisions. Application of the provisions does not violate the due process clause because the Guidelines as written give a defendant “fair notice of the punishment he face[s].” See Ofchinick, 877 F.2d at 256. Additionally, their application does not violate the double jeopardy clause because a defendant is only being punished for one crime with the sentence being affected by the defendant’s prior criminal history. See Wright, 891 F.2d at 212.

As has been pointed out, there is a narrow but distinct difference between simple punishment for escape and the enhancement for crimes committed while under sentence. The interest of uniformity which is a central concern of current sentencing procedures is advanced when we align ourselves with the other circuits. Acknowledging that a double-counting argument can be plausibly made, as in United States v. Bell, 716 F.Supp. 1207 (D.Minn.1989), we choose to follow the other circuits and the decision below.

Thomas’s remaining argument that a downward departure was warranted is not reviewable. See United States v. Oransky, 908 F.2d 307, 309 (8th Cir.1990).

Accordingly, we affirm the district court.

1

. The Honorable Garnett Thomas Eisele, Chief Judge, United States District Court for the Eastern District of Arkansas.

2

. Guideline § 4A1.1, Criminal History Category contains the following two subparagraphs:

(d) Add 2 points if the defendant committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.
(e) Add 2 points if the defendant committed the instant offense less than two years after release from imprisonment on a sentence counted under (a) or (b) or while in imprisonment or escape status on such a sentence. If 2 points are added for item (d), add only 1 point for this item.