United States v. Larry G. Thomas

LOGAN, Circuit Judge.

This direct criminal appeal involves the interplay between the Assimilative Crimes Act (ACA), 18 U.S.C. § 13, requiring the application of state law, and the Sentencing Reform Act of 1984. The case arises in the context of punishment for a misdemeanor when the state law and the federal sentencing guidelines treat home detention differently-

In April 1992 defendant Larry G. Thomas pleaded guilty to a charge of driving under the influence (DUI), in violation of Kan.Stat. Ann. § 8-1567 as charged under the ACA. He committed the offense, a Class B misdemeanor, on the Fort…