United States v. Clifton Thomas
2015 U.S. App. LEXIS 6314
| 8th Cir. | 2015Background
- Clifton Thomas pleaded guilty in 2008 to distributing cocaine base; sentence included 72 months imprisonment and 4 years supervised release.
- While on supervised release, Thomas had earlier alleged drug-test violations; the court continued the matter to observe compliance.
- On March 15, 2014, off-duty officer Johnny Gilbert witnessed a man fire multiple shots near a nightclub, chase and high-speed flight, and later saw a man (Thomas) with a disfigured right hand and clothing consistent with fleeing over a wooden fence; no weapon was recovered.
- At the supervised-release revocation hearing the government presented only Gilbert’s testimony; the district court found Thomas possessed and fired a firearm and fled, then classified the conduct as a Grade A violation and sentenced Thomas to 33 months (with criminal-history category VI).
- Thomas did not object at sentencing to the Grade A classification; he later challenged the sufficiency of evidence for a Grade A violation on appeal.
- The Eighth Circuit held the record did not support a Grade A violation but supported a Grade B violation, reversed, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence at revocation established a Grade A violation under U.S.S.G. § 7B1.1(a)(1) | Thomas: evidence insufficient to prove Grade A conduct (crime of violence, specified firearm, controlled substance, or offense punishable >20 years) | Government: Thomas possessed and fired a firearm and fled, constituting state offenses (felon-in-possession, fleeing) supporting Grade A | Court: Error was plain; record did not support Grade A — but supported Grade B; remand for resentencing |
| Whether error is reviewed for plain error given no objection at sentencing | Thomas: appellate review should find plain error affecting substantial rights | Government: conceded Grade A was incorrect | Court: Applied plain-error standard (Miller); error was plain and affected substantial rights because lower guideline range likely changed sentence |
| Proper classification of offense grade under U.S.S.G. | Thomas: Grade B fits his conduct (offense punishable >1 year but not >20) | Government: argued state offenses support Grade A | Court: Conduct equated to Grade B (possession by felon / fleeing), not Grade A |
| Whether remand for resentencing is required | Thomas: yes, because sentencing range was miscalculated | Government: agreed error occurred | Court: Reversed and remanded for resentencing consistent with Grade B range |
Key Cases Cited
- United States v. Richey, 758 F.3d 999 (8th Cir. 2014) (abuse-of-discretion review for supervised-release revocation sentences)
- United States v. Miller, 557 F.3d 910 (8th Cir. 2009) (plain-error standard for unpreserved sentencing errors)