Legal Opinion

United States v. Derrick Thomas

Court of Appeals for the Fifth Circuit

Decided December 2, 2014No. 14-10348UnpublishedCited by 3 opinions

1Opinion of the Court

PER CURIAM: *

Derrick Alan Thomas challenges his sentence, imposed following his guilty-plea conviction for possession of stolen mail, pursuant to 18 U.S.C. §§ 1708 and 2. Thomas claims the court erred by not applying a three-level reduction for a partially completed offense, pursuant to Sentencing Guidelines §§ 2B1.1, cmt. n. 18 (“In the case of a partially completed offense ..., the offense level is to be determined in accordance with the provisions of § 2X1.1....”), and 2Xl.l(b)(l) (“If an attempt, decrease by 3 levels.... ”). Relying on United States v. John, 597 F.3d 263 (5th Cir.2010),…

2Cases cited8 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Puckett v. United StatesSupreme Court of the United States · 2009
  3. United States v. Cisneros-GutierrezCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. BroussardCourt of Appeals for the Fifth Circuit · 2012
  5. United States v. JohnCourt of Appeals for the Fifth Circuit · 2010

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3Cited by3 opinions

  1. United States v. SchultzCourt of Appeals for the Fifth Circuit · 2023
  2. United States v. Gabriel PopaCourt of Appeals for the Fifth Circuit · 2016
  3. United States v. Gabriel GranadoCourt of Appeals for the Fifth Circuit · 2015

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