Submitted: June 5, 2017
from United States District Court for the Eastern District of
Missouri - St. Louis
LOKEN, MURPHY, and MELLOY, Circuit Judges.
Dokes pleaded guilty to theft of United States property for
knowingly receiving four Social Security disability benefits
to which he was not entitled in
2012 and January 2013. See 18 U.S.C. § 641. At
sentencing, the district court adopted the Presentencing
Investigation Report (PSR) finding that Dokes's ongoing
theft of Social Security benefits resulted in actual loss to
the government of more than $40, 000. This increased his
total offense level by six levels. See U.S.S.G.
§ 2B1.1(b)(1)(D). Before making this finding, the court
denied Dokes's motion for leave to file untimely
objections to this PSR determination, concluding Dokes failed
to show good cause for not timely objecting to the PSR.
See Fed. R. Crim. P. 32 (f)(1) (parties must object
in writing within fourteen days after receiving PSR);
32(i)(1)(D) (court may for good cause allow party to make a
new objection before sentence is imposed). The court
sentenced Dokes to five years probation including six months
home confinement and ordered him to pay $45, 835.60 in
restitution to the Social Security Administration (SSA).
Dokes appeals, arguing the district court erred in declining
to consider his untimely objections. Concluding the court did
not abuse its discretion, we affirm. See United States v.
Almazan, 414 Fed.Appx. 902, 904 (8th Cir. 2011)
(standard of review).
granted Dokes disability benefits in October 2006. In April
2010, responding to SSA's continuing disability review,
Dokes reported he had not worked since his last medical
decision, his condition had worsened, and he did not believe
he could currently work. His wife later reported that Dokes
had trouble concentrating, "did not engage in any social
activities, had lost any interest in family and friends, and
limited his hobbies and interests to playing video games and
watching television." SSA determined Dokes was no longer
disabled but then upheld his appeal in October 2010 and
continued paying disability benefits.
March 2013, prompted by Dokes's report of self-employment
income on his 2011 tax return, SSA initiated a criminal
investigation into whether he had substantially understated
his ability to work. The investigation revealed that Dokes:
-Maintained Missouri realtor and broker licenses between
April 2005 and July 2014 and started an investment company in
2008 as a licensed broker.
-Earned a bachelor's degree in business administration in
2008, a master's degree in 2009, and a Ph.D. in
organization and management in 2013.
-Registered six profit and nonprofit companies and three
fictitious names related to political campaigns between
January 2006 and March 2013.
-Campaigned for the Missouri House of Representatives after
July 2010, served on the Missouri Advisory Board for the
United States Commission on Civil Rights, and served as
Vice-Chair of a Republican county committee in July 2011.
-Earned $34, 568 from the St. Louis County Missouri Housing
Authority between June 2011 and April 2012 and reported
self-employment income on his 2012 joint tax return.
concluded Dokes was not disabled after July 2010 and received
$45, 835.60 in overpayments between October 2010 and ...