Opinion

United States v. Thomas Charles Bridges

Court
Court of Appeals for the Eleventh Circuit
Filed
Aug 22, 2025
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 38.9%

The opinion

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 1 of 11

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 24-11909

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

THOMAS CHARLES BRIDGES,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Southern District of Alabama

D.C. Docket No. 1:23-cr-00082-TFM-B-1

____________________

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 2 of 11

2 Opinion of the Court 24-11909

Before JORDAN, LUCK, and TJOFLAT, Circuit Judges.

PER CURIAM:

Thomas Bridges appeals his 96-month sentence for conspir-

acy to commit bank fraud. He argues (1) that the District Court

clearly erred in finding that he continued to engage in bank fraud

while on pretrial release, (2) that the Government breached his plea

agreement by informing the District Court of his continued crimi-

nal conduct, and (3) that the District Court clearly erred when it

applied a two-level sentencing enhancement for having a leader-

ship role in the conspiracy. We affirm.

I.

Bridges was indicted for conspiracy to commit bank fraud,

substantive bank fraud, and possession of counterfeited or forged

securities. He was arrested, arraigned, and released on conditions

requiring him to refrain from committing “any offense in violation

of federal, state or local law while on release.” Bridges ultimately

pleaded guilty to the conspiracy charge under a written plea agree-

ment. Under that agreement, the Government would dismiss all

other charges and recommend a sentence at the low end of the ap-

plicable Guidelines range. The agreement also stated that “because

Bridges recruited others to participate in the scheme, a two-level

role enhancement should apply pursuant to U.S.S.G. § 3B1.1(c)”

and that both parties were “free to allocute fully at the time of sen-

tencing.” Further, the corresponding factual resume stated that

Bridges engaged in various acts in furtherance of the scheme,

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 3 of 11

24-11909 Opinion of the Court 3

including depositing checks, “acquir[ing] a printer and magnetic

ink,” and “exchang[ing] numerous text messages” with co-con-

spirators.

While on pretrial release, Bridges allegedly continued his

fraudulent conduct. According to the Government’s sentencing

memorandum and supporting exhibits, a local school placed four-

teen checks in the U.S. mail, which were subsequently stolen, al-

tered and forged, and deposited into the bank accounts of various

individuals who were not authorized to deposit the checks and

who were not associated with the school. A bank then submitted

one of the checks for inspection, and latent fingerprint analysis

identified Bridges’s fingerprint on the check. An inspector also

found messages sent from an iCloud account bearing Bridges’s

name, sent while Bridges was on pretrial release, that discussed

fraudulent check activities.

Bridges’s presentence investigation report calculated a total

offense level of 24 based on a base offense level of 25, a two-level

enhancement for being a leader in the criminal activity, and a re-

duction of three levels because Bridges accepted responsibility. The

report also calculated a criminal history category of I, a Guidelines

imprisonment range of 51–63 months, and a Guidelines range of

supervised release of 2–5 years.

At the sentencing hearing, Bridges objected to the two-level

role enhancement to his base offense level because he merely re-

cruited people into the scheme, claiming that recruitment is differ-

ent from leadership. The Government maintained not only that

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 4 of 11

4 Opinion of the Court 24-11909

Bridges agreed to the two-level role enhancement in his plea agree-

ment but also that recruitment into a sophisticated scheme is active

leadership. The District Court concluded that the enhancement

was warranted.

Bridges also asserted that the District Court should not con-

sider any evidence related to his conduct while on pretrial release.

He argued that such evidence should be considered only as it re-

lates to the three-level sentence reduction for acceptance of respon-

sibility, so, because the Government was not contesting whether

Bridges accepted responsibility, it should not be considered at all.

Bridges further argued that the Government presenting such evi-

dence was inconsistent with its obligations under the plea agree-

ment to recommend a sentence at the low end of the Guidelines

range.

The Government responded that the evidence was relevant

to the District Court’s determination of an appropriate sentence,

particularly to show both that Bridges should be remanded to cus-

tody immediately and that there was no basis for a downward de-

viation from the Guidelines range. The Government also main-

tained that the plea agreement expressly allowed both parties to

allocute fully at sentencing. The District Court accepted the evi-

dence, explaining that the plea agreement was not binding as to

sentencing and that sentencing is “the one inescapable task that

judges cannot give to anyone else.” The Court also explained that

the Government had a duty of candor to report such evidence to

the Court and that, except for constitutional constraints, a district

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 5 of 11

24-11909 Opinion of the Court 5

court could consider “virtually anything a defendant has done” at

sentencing. The District Court sentenced Bridges to 96 months im-

prisonment, followed by 5 years of supervised release. The Court

explained that this deviation was necessary to achieve “the sentenc-

ing objectives of punishment, deterrence, and incapacitation” be-

cause Bridges “just continue[d] in the same conduct” after pleading

guilty.

Bridges timely appeals.

II.

A.

Bridges first argues that the District Court clearly erred in

finding that he continued to engage in criminal conduct while on

pretrial release.

We review the District Court’s findings of fact for clear er-

ror. United States v. Little, 864 F.3d 1283, 1290 (11th Cir. 2017) (cita-

tion omitted). “For a factual finding to be clearly erroneous, this

court, after reviewing all of the evidence, must be left with a defi-

nite and firm conviction that a mistake has been committed.” Id.

(citation and internal quotation marks omitted).

“When a defendant challenges one of the factual bases of his

sentence . . . the Government has the burden of establishing the

disputed fact by a preponderance of the evidence.” United States v.

Sepulveda, 115 F.3d 882, 890 (11th Cir. 1997) (citation and internal

quotation marks omitted). This burden is met when the court

finds, based on evidence bearing some indicia of reliability, that the

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 6 of 11

6 Opinion of the Court 24-11909

existence of a fact is more probable than its nonexistence. United

States v. Trainor, 376 F.3d 1325, 1331 (11th Cir. 2004).

The District Court’s finding that Bridges continued his crim-

inal conduct while on pretrial release is supported by multiple

sources of reliable evidence. Bridges’s fingerprint was found on one

of the altered checks, and messages from an iCloud account bear-

ing his name discussed fraudulent check activities. The check was

altered and the messages were sent while Bridges was on pretrial

release. Taken together, this evidence supports the District Court’s

finding of Bridges’s continued criminal conduct by more than a pre-

ponderance. The District Court did not clearly err.

B.

Bridges next argues that the Government breached his plea

agreement by informing the District Court of his continued crimi-

nal conduct while on pretrial release. Bridges maintains that the

Government’s disclosure of that information was inconsistent with

its simultaneous recommendation of a sentence on the low end of

the Guidelines range and was, thus, a breach of his plea agreement.

We review de novo whether the Government breached a

plea agreement. United States v. Tripodis, 94 F.4th 1257, 1261 (11th

Cir. 2024) (citation omitted). “The government is bound by any

material promises it makes to a defendant as part of a plea agree-

ment that induces the defendant to plead guilty.” United States v.

Taylor, 77 F.3d 368, 370 (11th Cir. 1996) (citing Santobello v. New

York, 404 U.S. 257, 262, 92 S.Ct. 495, 499 (1971)). However, “[t]he

solemnization of a plea agreement does not preclude the

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 7 of 11

24-11909 Opinion of the Court 7

government from disclosing pertinent information to the sentenc-

ing court.” United States v. Boatner, 966 F.2d 1575, 1578 (11th Cir.

1992). And virtually all information is pertinent. See 18 U.S.C. §

3661 (“No limitation shall be placed on the information concerning

the background, character, and conduct of a person convicted of an

offense which a court of the United States may receive and consider

for the purpose of imposing an appropriate sentence.”). Moreover,

where the Government reserves in the plea agreement the right to

provide the court relevant information at sentencing, it does not

breach the agreement when it does so. United States v. Carrazana,

921 F.2d 1557, 1569 (11th Cir. 1991). Though, the Government may

breach a plea agreement when it makes the promised sentencing

recommendation but then unequivocally expresses that such sen-

tence would be inadequate. See United States v. Malone, 51 F.4th

1311, 1322 (11th Cir. 2022) (holding that the Government breached

a plea agreement when it promised to make a certain sentencing

recommendation, made that recommendation, but then stated

that the recommended sentence “was not enough and that [the de-

fendant] deserved a sentence two or three times higher,” because

such a statement was “at war with its ‘recommendation’”). In

short, “the government achieves the correct balance between its

duty of candor to the sentencing court and its duty to honor com-

mitments under a plea agreement when the government makes the

necessary disclosures to the sentencing court, but nevertheless con-

tinues to advocate for the acceptance of the agreement.” Id. at 1330

(alteration adopted) (internal quotation marks omitted); see also

United States v. Block, 660 F.2d 1086, 1091 (5th Cir. Unit B 1981) (“A

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 8 of 11

8 Opinion of the Court 24-11909

prosecutor has a duty to insure that the court has complete and

accurate information concerning the defendant, thereby enabling

the court to impose an appropriate sentence. Thus if an attorney

for the Government is aware that the court lacks certain relevant

factual information or that the court is laboring under mistaken

premises, the attorney . . . has the duty to bring the correct state of

affairs to the attention of the court.” (citations and internal quota-

tion marks omitted)).

The Government did just that. It did not object to the Guide-

lines calculation in the presentence investigation report, and it rec-

ommended a sentence at the low end of that range. At the same

time, it informed the District Court of evidence that Bridges com-

mitted additional criminal conduct while on pretrial release. This

was not a renunciation of the Government’s sentence recommen-

dation; it was an exercise of the Government’s right to allocute and

its duty to provide the Court with complete and accurate infor-

mation related to the sentencing factors listed in 18 U.S.C. §

3553(a).

Bridges likens his case—in which the Government promised

to provide a recommendation at the low end of the Guidelines

range, provided that recommendation, and provided other infor-

mation about Bridges’s conduct along with it—to a case in which

the Government promised not to make a sentencing recommen-

dation at all and then made one. This comparison is unfounded.

Promising not to make a sentencing recommendation and then

making one is a breach of a plea agreement. See Santobello, 404 U.S.

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 9 of 11

24-11909 Opinion of the Court 9

at 262 (holding that a prosecutor breached a plea agreement when

he made a sentencing recommendation where the plea agreement

promised that the prosecutor would make no recommendation).

Providing additional information with a sentencing recommenda-

tion, while still maintaining that the recommended sentence is ad-

equate, is not. A promise to recommend a specific sentence is not

a promise to stay silent about everything else. It does not require

the Government to ignore or minimize aggravating information,

especially when the plea agreement expressly preserves the right to

present such information.

We find no error.

C.

Finally, Bridges argues that the District Court erred in im-

posing a two-level enhancement for his role as a leader in the con-

spiracy. The District Court’s imposition of an aggravating role en-

hancement is a factual finding we review for clear error. United

States v. Grushko, 50 F.4th 1, 10 (11th Cir. 2022) (citing United States

v. Martinez, 584 F.3d 1022, 1025 (11th Cir. 2009).

“When the government seeks to apply an enhancement un-

der the Sentencing Guidelines over a defendant’s factual objection,

it has the burden of introducing sufficient and reliable evidence to

prove the necessary facts by a preponderance of the evidence.”

United States v. Washington, 714 F.3d 1358, 1361 (11th Cir. 2013) (in-

ternal quotation marks omitted). A district court can base its deter-

mination on “facts admitted by the defendant’s guilty plea, undis-

puted statements in the [presentence investigation report], or

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 10 of 11

10 Opinion of the Court 24-11909

evidence presented at the sentencing hearing.” United States v. Mat-

thews, 3 F.4th 1286, 1289 (11th Cir. 2021). A district court may also

rely on “reasonable inference[s]” at sentencing but not inferences

that are “speculative to the point of being clearly erroneous.”

United States v. Chavez, 584 F.3d 1354, 1367 (11th Cir. 2009).

A defendant earns a two-level enhancement if he “was an

organizer, leader, manager, or supervisor” in the crime. U.S.S.G.

§ 3B1.1(c). Whether a defendant qualifies depends on many factors,

including

(1) the exercise of decision making authority, (2) the

nature of participation in the commission of the of-

fense, (3) the recruitment of accomplices, (4) the

claimed right to a larger share of the fruits of the

crime, (5) the degree of participation in planning or

organizing the offense, (6) the nature and scope of the

illegal activity, and (7) the degree of control and au-

thority exercised over others.

United States v. Dixon, 901 F.3d 1322, 1348 (11th Cir. 2018) (altera-

tion adopted); see also U.S.S.G. § 3B1.1, cmt. n.4. A defendant

need not meet every factor to warrant the enhancement, but he

ultimately must exert “some degree of control, influence, or lead-

ership.” Martinez, 584 F.3d at 1026 (internal quotation marks

omitted).

Bridges argues that recruitment alone does not meet that

standard, pointing to cases in which the defendant engaged in more

than just recruitment and consequently received the leadership

USCA11 Case: 24-11909 Document: 36-1 Date Filed: 08/22/2025 Page: 11 of 11

24-11909 Opinion of the Court 11

enhancement. While recruitment coupled with additional actions

did qualify the defendants in those cases for the enhancement, re-

cruitment alone qualifies as well. Enticing someone to join a

scheme is, at bottom, exerting influence over them. It implies deci-

sion making authority, planning, and control. It is leadership, so it

satisfies the requirements for the leadership enhancement. This is

especially so where the defendant agreed, in his plea agreement,

that he recruited others into a conspiracy and that that alone war-

ranted the leadership enhancement. Even still, Bridges did more

than simply recruit members: he also texted co-conspirators about

the operation, obtained materials necessary to print counterfeit

checks, and deposited such checks at banks multiple times. The

District Court did not clearly err in concluding that Bridges was a

leader in the conspiracy.

III.

The District Court did not clearly err in finding that Bridges

continued to engage in criminal conduct while on pretrial release

or in imposing a two-level enhancement for his leadership role in

the conspiracy, nor did the Government breach his plea agree-

ment. The District Court’s judgment is affirmed.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.