United States v. Thomas Grace
893 F.3d 522
8th Cir.2018Background
- On Dec. 6, 2015, Thomas Jerel Grace drove into oncoming traffic on ND Hwy 23 within the Fort Berthold Reservation, fatally injuring 18-year-old Dariann Tveter; Grace’s BAC was .211%.
- Grace pled guilty to involuntary manslaughter under 18 U.S.C. §§ 1112 and 1153.
- The district court calculated an advisory Guidelines range of 30–37 months (offense level 19, CHC I).
- The court imposed an upward variance to 72 months imprisonment plus three years supervised release.
- Grace appealed, arguing the sentence was substantively unreasonable because the court improperly relied on (1) his prior DUI conviction and (2) an inapplicable North Dakota mandatory-minimum statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing court abused discretion by relying on prior DUI to justify upward variance | Grace: Court gave improper weight to a prior DUI already counted in criminal history and thus committed clear error in judgment | Government/District Court: Prior DUI within 4 months and similar high BAC showed repeated dangerous conduct not fully reflected in Guidelines, justifying variance under § 3553(a) | Affirmed — no abuse: court permissibly relied on prior DUI as Guidelines did not fully account for its seriousness and deterrence needs |
| Whether court erred by considering a state statute/mandatory minimum | Grace: Court improperly considered an inapplicable ND statute and federal/state disparity (argued later) | Government/District Court: Mention of state statute was passing and not the primary basis for the variance; court applied § 3553(a) factors | Affirmed — no reversible error: state statute references were not given significant weight and court made individualized § 3553(a) findings |
Key Cases Cited
- United States v. Boykin, 850 F.3d 985 (8th Cir.) (standards for abuse-of-discretion review of sentences)
- United States v. Richart, 662 F.3d 1037 (8th Cir.) (district court may vary for factors already in Guidelines when Guidelines do not fully account for them)
- United States v. White, 816 F.3d 976 (8th Cir.) (district court has wide latitude in weighing § 3553(a) factors)
- United States v. Stults, 575 F.3d 834 (8th Cir.) (requirement of individualized § 3553(a) assessment)
- United States v. Nash, 627 F.3d 693 (8th Cir.) (district court errs if it considers federal/state sentencing disparities)
- United States v. Rice, 699 F.3d 1043 (8th Cir.) (issues not raised in opening brief are waived)