United States v. Clint Phillips

── United States v. Clint Phillips ── Court: Court of Appeals for the Eighth Circuit Date: June 04, 2026 Category: General United States Court of Appeals For the Eighth Circuit ___________________________ No. 24-2974 ___________________________ United States of America Plaintiff - Appellee v. Clint Eugene Phillips Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: January 12, 2026 Filed: June 4, 2026 [Unpublished] ____________ Before SMITH, ERICKSON, and KOBES, Circuit Judges. ____________ PER CURIAM. Clint Eugene Phillips reported to his supervising officer as ordered after concerns arose about his compliance with supervision conditions. He arrived at the meeting on an unregistered motorcycle and declined to provide a urine sample. Officers briefly detained Phillips for their safety and searched him pursuant to an active warrantless search waiver. While searching Phillips’s person, officers discovered a knife hidden in his bracelet. Officers then searched his motorcycle and discovered approximately 250 grams of a mixture of methamphetamine, a digital scale, an electric vaporizer, a glass pipe, and a plastic solo cup. The officers subsequently searched Phillips’s home and located drug paraphernalia, clear bags, bongs, digital scales, measuring devices, and suspected methamphetamine. Additionally, in the bedroom they found two foam heads, one of which had a piece of tape over the mouth with the words “help me” written on the tape. Law enforcement also found a stolen motorcycle, several vehicle titles signed by seller but not buyer, keys inside a safe, and several vehicles and motorcycles at Phillips’s home. None of these vehicles were included in his sex offender registration information. Officers also found several prohibited electronic media devices. After the search, the investigation continued into Phillips’s digital life. There, officers discovered multiple messages indicating drug sales and large Cash App transactions. Based on this evidence, Phillips was charged in state court and convicted of various state offenses. He was sentenced to imprisonment at the Arkansas Department of Corrections. In federal court, Phillips pleaded guilty to possession with intent to distribute more than 50 grams of methamphetamine. Prior to his federal sentencing hearing, the probation office calculated Phillips’s initial offense level to be 32 but reduced it to 29 based on a 3-point reduction for acceptance of responsibility. Phillips’s criminal history category was set at VI based on a nearly 30-year history of more than two dozen convictions. These included drug-related offenses, assault, and sexual assault. The probation office calculated the advisory Guidelines range to be between 151 and 188 months’ imprisonment. At sentencing, the government requested an upward variance, while Phillips sought a low-end sentence of 151 months’ imprisonment. Phillips’s counsel argued that Phillips was merely a small-time dealer and a serious addict. He asserted that many of Phillips’s previous convictions received only probation and suspended -2- sentences, demonstrating that mitigating factors attended his crimes. Phillips then spoke and apologized for his crime. In pronouncing its sentence, the district court 1 began by acknowledging the recommended Guidelines range and addressing the 18 U.S.C. § 3553(a) factors, beginning with the aggravating factors. It ackn