United States of America v. Kacy Thomas

United States Court of Appeals
For the Eighth Circuit
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No. 24-2141
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United States of America
Plaintiff - Appellee
v.
Kacy Thomas
Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: December 23, 2024
Filed: December 30, 2024
[Unpublished]
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Before GRUENDER, BENTON, and KOBES, Circuit Judges.
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PER CURIAM.
Kacy Thomas appeals the within-Guidelines sentence the district court1
imposed after he pled guilty to being a felon in possession of a firearm. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
1 The Honorable Sarah E. Pitlyk, United States District Judge for the Eastern
District of Missouri.

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-2-
Counsel moved for leave to withdraw and filed a brief under Anders v.
California, 386 U.S. 738 (1967), arguing that the district court clearly erred in
concluding that Thomas was the driver of the vehicle that law enforcement officers
followed to his home, resulting in the erroneous application of two sentencing
enhancements. Upon careful review, this court concludes that the district court did
not clearly err in applying the enhancements. See United States v. Holly, 983 F.3d
361, 363 (8th Cir. 2020) (clear error review of factual findings); United States v.
Marks, 328 F.3d 1015, 1017 (8th Cir. 2003) (finding is clearly erroneous when
appellate court is left with firm conviction that mistake was made).
Having independently reviewed the record pursuant to Penson v. Ohio, 488
U.S. 75 (1988), this court finds no non-frivolous issues for appeal.
The judgment is affirmed and counsel’s motion to withdraw is granted.
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