DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032942P.pdf 07/13/2004 USA v. Thomas Eugene Mills
U.S. Court of Appeals Case No: 03-2942
Northern District of Iowa
Criminal Case - sentencing. District court erred in relying on Second
Circuit decision in determining defendant's three prior burglary
convictions were part of single common scheme or plan and disqualified
as a career criminal under Guidelines 4B1.1. Under Eighth Circuit
precedent, prior burglary convictions were not part of common scheme or
plan, as they took place over six-month period, were committed in
different counties, against different victims and were not consolidated for
disposition at trial or sentencing. Sentence is reversed and case remanded
for resentencing. [PUBLISHED] [Smith, Author, with Heaney and
Murphy, Circuit Judges]