U.S. v. THOMAS

No. 94-3280.

68 F.3d 392 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Larry G. THOMAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 1995.


Attorney(s) appearing for the Case

Charles D. Dedmon, Assistant Federal Public Defender for the District of Kansas (David J. Phillips, Federal Public Defender, with him on the briefs), Topeka, Kansas, for Defendant-Appellant.

Blair Watson, Assistant U.S. Attorney (Randall K. Rathbun, United States Attorney, and Leon J. Patton, Assistant U.S. Attorney, on the brief), District of Kansas, Kansas City, Kansas, for Plaintiff-Appellee.

Before TACHA, LOGAN and BALDOCK, Circuit Judges.


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...

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