United States v. Kacy Thomas

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 30, 2024
• Docket: 24-2141
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2141 ___________________________

United States of America

Plaintiff - Appellee

v.

Kacy Thomas

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: December 23, 2024 Filed: December 30, 2024 [Unpublished] ____________

Before GRUENDER, BENTON, and KOBES, Circuit Judges. ____________

PER CURIAM.

Kacy Thomas appeals the within-Guidelines sentence the district court 1 imposed after he pled guilty to being a felon in possession of a firearm. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

1 The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern District of Missouri. Counsel moved for leave to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district court clearly erred in concluding that Thomas was the driver of the vehicle that law enforcement officers followed to his home, resulting in the erroneous application of two sentencing enhancements. Upon careful review, this court concludes that the district court did not clearly err in applying the enhancements. See United States v. Holly, 983 F.3d 361, 363 (8th Cir. 2020) (clear error review of factual findings); United States v. Marks, 328 F.3d 1015, 1017 (8th Cir. 2003) (finding is clearly erroneous when appellate court is left with firm conviction that mistake was made).

Having independently reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988), this court finds no non-frivolous issues for appeal.

The judgment is affirmed and counsel’s motion to withdraw is granted. ______________________________

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