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.
062452P.pdf 05/05/2008 United States v. Craig Allen Thomas
U.S. Court of Appeals Case No: 06-2452
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Bye, Author, with Colloton and Benton, Circuit Judges]
Criminal case - Criminal law and Sentencing. On remand from the
Supreme Court of the United States for reconsideration under Kimbrough
v. U.S. Although the police erred in searching defendant's pocket, the
evidence was admissible under the inevitable discovery doctrine; district
court did not err in imposing an enhancement for obstruction of justice
based on defendant's perjured testimony at the suppression hearing; case
remanded under Kimbrough for consideration of a downward variance.
Judge Colloton, concurring, joined by Judge Benton.
062452P.pdf 03/28/2007 United States v. Craig Allen Thomas
U.S. Court of Appeals Case No: 06-2452
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Bye, Author, with Colloton and Benton, Circuit
Judges]
Criminal case - Criminal law and Sentencing. While the seizure of a
bus ticket from defendant's back pocket was improper, the evidence was
admissible under the inevitable discovery doctrine; defendant's response
to officer calling his name gave officers reason to arrest him on
outstanding warrant and search him incident to arrest; defendant's
assertion that the stop was racially motivated was not supported by the
evidence as the officers did not stop several other African Americans on
the bus and the evidence showed that defendant resembled the photo of a
man who was wanted for murder; district court did not err in imposing an
obstruction-of-justice enhancement; challenged to the 100:1 crack-to-
powder cocaine ratio rejected. Judge Colloton, concurring, joined by
Judge Benton.