United States v. James Kenneth Thomas, Also Known as Jim Autry, 72 F.3d 92 (8th Cir. 1995). · Go Syfert
United States v. James Kenneth Thomas, Also Known as Jim Autry, 72 F.3d 92 (8th Cir. 1995). Cases Citing This Book View Copy Cite
20 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Dondrick James (ca8, 2008-03-06)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Dondrick James
8th Cir. · 2008 · confidence medium
See id. at 689, 691-92 (district court did not err in refusing to grant acceptance-of-responsibility reduction where one month before trial defendant absconded for 15 months, did not voluntarily turn himself in, and did not clearly accept responsibility for obstructive conduct); United, States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995) (per curiam) (defendant’s absconding from supervision while on bond warranted obstruction-of-justice enhancement); U.S.S.G. § 3C1.1, comment. (n.4(e)) (obstruction enhance *485 ment applies if defendant willfully fails to appear, as ordered, for judicial hearin…
discussed Cited as authority (rule) United States v. Ursula Red Bird
8th Cir. · 2006 · confidence medium
United States v. Thomas, 72 F.3d 92, 93 (8th Cir. 1995). -8- We have some doubt about the government’s position that Red Bird’s bond violation was comparable to an “escape” from custody, for which an obstruction adjustment is authorized.
cited Cited as authority (rule) United States v. Ursula Red Bird
8th Cir. · 2006 · confidence medium
United States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Tammy J. Peters
8th Cir. · 2005 · confidence medium
See United States v. Muro, 357 F.3d 743, 744 (8th Cir.2004); United States v. Young, 315 F.3d 911, 913 (8th Cir.2003); United States v. Martinez, 234 F.3d 1047, 1048 (8th Cir.2000); United States v. Bell, 183 F.3d 746, 748 (8th Cir.1999); United States v. Eagle, 133 F.3d 608 (8th Cir.1998); United States v. Crow Dog, 149 F.3d 847, 848 (8th Cir.1998); United States v. Rodgers, 122 F.3d 1129, 1131-32 (8th Cir.1997); United States v. Hare, 49 F.3d 447, 453 (8th Cir.1995); United States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995); United States v. Adediran, 26 F.3d 61, 64-65 (8th Cir.1994); United St…
discussed Cited as authority (rule) United States v. Tammy Peters
8th Cir. · 2005 · confidence medium
See United States v. Muro, 357 F.3d 743, 744 (8th Cir. 2004); United States v. Young, 315 F.3d 911, 913 (8th Cir. 2003); United States v. Martinez, 234 F.3d 1047, 1048 (8th Cir. 2000); United States v. Bell, 183 F.3d 746, 748 (8th Cir. 1999); United States v. Eagle, 133 F.3d 608 (8th Cir. 1998); United States v. Crow Dog, 149 F.3d 847, 848 (8th Cir. 1998); United States v. Rodgers, 122 F.3d 1129, 1131-32 (8th Cir. 1997); United States v. Hare, 49 F.3d 447, 453 (8th Cir. 1995); United States v. Thomas, 72 F.3d 92, 93 (8th Cir. 1995); United States v. Adediran, 26 F.3d 61, 64-65 (8th Cir. 1994);…
discussed Cited as authority (rule) United States v. Darrell Andersen
8th Cir. · 2004 · confidence medium
See, e.g, United States v. Byrd, 76 F.3d 194, 195-97 (8th Cir.1996) (district court did not clearly err by denying acceptance-of-responsibility reduction for defendant who admitted that, while on release pending sentencing, his urine tested positive for marijuana); United States v. Thomas, 72 F.3d 92, 92-93 (8th Cir.1995) (district court did not clearly err by denying acceptance-of-responsibility reduction for defendant who admitted that he used marijuana while on release awaiting sentencing); United States v. Poplawski, 46 F.3d 42, 43 (8th Cir.) (district court did not clearly err by denying …
discussed Cited as authority (rule) United States v. Edward J. Clary (2×) also: Cited "see"
8th Cir. · 1996 · confidence medium
Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri. -2- We next conclude the district court did not clearly err in denying Clary an acceptance-of-responsibility reduction, as he did not show he "clearly demonstrate[d] a recognition and affirmative acceptance of personal responsibility for his criminal conduct." See U.S.S.G. § 3E1.1(a); United States v. Thomas, 72 F.3d 92, 93 (8th Cir. 1995) (per curiam) (standard of review).
discussed Cited as authority (rule) United States v. Edward James Clary (2×) also: Cited "see"
8th Cir. · 1996 · confidence medium
See United States v. Carter, No. 96-1329, 1996 WL 453275 , at * 2-* 3 (8th Cir. Aug. 13, 1996) (per curiam) (equal protection); United States v. Crawford, 83 F.3d 964, 965-66 (8th Cir.1996) (rule of lenity), petition for cert. filed, (U.S. Aug. 9, 1996) (No. 96-5557). 5 We next conclude the district court did not clearly err in denying Clary an acceptance-of-responsibility reduction, as he did not show he "clearly demonstrate[d] a recognition and affirmative acceptance of personal responsibility for his criminal conduct." See U.S.S.G. § 3E1.1(a); United States v. Thomas, 72 F.3d 92, 93 (8th C…
discussed Cited as authority (rule) United States v. Carl D. Hopkins, Jr. (2×)
8th Cir. · 1996 · confidence medium
We review de novo whether a defendant's conduct merits the enhancement, United States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995) (per curiam), and review for clear error the district court's supporting factual findings, United States v. Zerba, 21 F.3d 250, 253 (8th Cir.1994). 5 Hopkins was in "custody" for purposes of section 3C1.1 when he left his court-ordered placement, failed to appear for the required counselling, and failed to advise the appropriate authorities of his location.
discussed Cited as authority (rule) United States v. Carl D. Hopkins, Jr. (2×)
8th Cir. · 1996 · confidence medium
We review de novo whether a defendant's conduct merits the enhancement, United States v. Thomas, 72 F.3d 92, 93 (8th Cir. 1995) (per curiam), and review for clear error the district court's supporting factual findings, United States v. Zerba, 21 F.3d 250, 253 (8th Cir. 1994).
discussed Cited "see" United States v. Jerry L. Jones
8th Cir. · 2006 · signal: see · confidence high
See United States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995) (per curiam) (whether obstruction-of-justice enhancement applies to specific conduct is reviewed de novo; affirming enhancement where, after pleading guilty and being released on bail, defendant tested positive for drugs and absconded for three months).
discussed Cited "see" United States v. Tony C. Stafford
8th Cir. · 1998 · signal: see · confidence high
See United States v. Thomas, 72 F.3d 92, 93 (8th Cir. 1995) (per curiam); United States v. Evans, 51 F.3d 764, 766 (8th Cir. 1995) (standard of review); United States v. Poplawski, 46 F.3d 42, 42-43 (8th Cir.), cert. denied, 515 U.S. 1109 (1995).
discussed Cited "see" United States v. Duane Alan Bolton, United States of America v. John Daniel Velarde
8th Cir. · 1996 · signal: see · confidence high
See United States v. Thomas, 72 F.3d 92, 93 (8th Cir.1995) (per curiam) (defendant pleaded guilty to conspiracy to distribute marijuana, but tested positive for various drugs while released on bond; no clear error in district court's denial of § 3E1.1 reduction given defendant's continued drug use); cf. United States v. Simpson, 7 F.3d 813, 819 (8th Cir.1993) (drug dependency does not provide independent basis for downward departure; post-offense rehabilitative efforts relevant to determining whether defendant qualifies for decrease based on acceptance of responsibility). 3 Accordingly, the j…
discussed Cited "see, e.g." United States v. Watkins
6th Cir. · 2004 · signal: see also · confidence medium
See United States v. Perry, 908 F.2d 56, 59 (6th Cir.1990) (obstruction of justice enhancement appropriate where defendant jumped bond and failed to report to probation officer when ordered to dó so); see also United States v. Thomas, 72 F.3d 92, 93-94 (8th Cir.1995) (obstruction of justice enhancement appropriate where defendant used marijuana while on bond and absconded from pretrial supervision for three months); United States v. Defeo, 36 F.3d 272, 276-77 (2d Cir.1994) (flight from pretrial services comparable to escape from custody for purposes of obstruction of justice enhancement).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
James Kenneth THOMAS, Also Known as Jim Autry, Appellant
95-2831.
Court of Appeals for the Eighth Circuit.
Dec 27, 1995.
72 F.3d 92
Michelle Nahon Leonard, Assistant Federal Public Defender, Springfield, Missouri, for appellant., Richard E. Monroe, Assistant United States Attorney, Springfield, Missouri, for appellee.
Wollman, Magill, Hansen.
Cited by 14 opinions  |  Published
PER CURIAM.

James Kenneth Thomas appeals the sentence imposed by the district court [1] following his guilty plea to conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We affirm.

After pleading guilty and being released on bond, Thomas tested positive for various controlled substances. Thomas later absconded for approximately three months. After he was re-arrested, Thomas admitted he had used marijuana while out on bond. At sentencing, the district court overruled Thomas’s objections to an obstruction-of-justice enhancement and denied him an acceptance-of-responsibility reduction. The court sentenced Thomas to the 60-month statutory maximum term of imprisonment, which was below Thomas’s Guidelines sentencing range of 63 to 78 months imprisonment.

Thomas first argues the district court erred by assessing an obstruction-of-justice enhancement under U.S.S.G. § 3C1.1. We review de novo whether section 3C1.1 applies to Thomas’s specific conduct. See United States v. Sykes, 4 F.3d 697, 699 (8th Cir.1993) (per curiam). Because Thomas absconded from supervision, we conclude the district court properly assessed the obstruction-of-justice enhancement. See United States v. Shinder, 8 F.3d 633, 635 (8th Cir.1993) (holding § 3C1.1 enhancement proper where defendant fled to California after conviction and prior to sentencing); United States v. Lyon, 959 F.2d 701, 707 (8th Cir.1992) (holding § 3C1.1 enhancement proper where defendant fled jurisdiction, became fugitive, and used alias); cf. U.S.S.G. § 3C1.1, comment, (n. 3(e)) (1992) (example of conduct to which § 3C1.1 enhancement applies is when defendant escapes from custody before sentencing).

Next, Thomas argues the district court erred by denying him an aceeptance-of-responsibility reduction under U.S.S.G. § 3E1.1. Given Thomas’s continued drug use, we conclude the district court did not clearly err by denying him the reduction. See United States v. Evans, 51 F.3d 764, 766 (8th Cir.1995) (standard of review): United States v. Poplawski, 46 F.3d 42, 42-43 (8th Cir.) (no error in denying reduction for acceptance of responsibility when defendant, while free on bond, continued use of drug related to instant conspiracy offense), cert. denied, — U.S. -, 115 S.Ct. 2261, 132 L.Ed.2d 266 (1995); United States v. Wivell, 893 F.2d 156, 159 (8th Cir.1990) (same). '

[*94] Finally, we reject Thomas’s argument that the district court erred by not granting him a downward departure under U.S.S.G. §§ 5K1.1, p.s. or 5K2.0, p.s. Absent a government motion, the district court lacked the authority to grant Thomas a section 5K1.1 departure. See Wade v. United States, 504 U.S. 181, 184-87, 112 S.Ct. 1840, 1843-44, 118 L.Ed.2d 524 (1992). The district court also lacked the authority to depart under section 5K2.0 on the basis of substantial assistance. See United States v. Baker, 4 F.3d 622, 624 (8th Cir.1993).

Accordingly, the judgment is affirmed.

1

. The Honorable Russell G. Clark, United States District Judge for the Western District of Missouri.