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121788P.pdf 08/06/2013 United States v. Jason Gilbert
U.S. Court of Appeals Case No: 12-1788
and No: 12-1790
and No: 12-1791
and No: 12-2009
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges]
Criminal Cases - conviction and sentence. In consolidated appeals relating
to a series of attempted robberies and one completed robbery, there was
sufficient evidence presented to establish the existence of a single
conspiracy, as the defendants shared a common overall goal and used the
same method to achieve that goal, even if the actors were not always the
same. District court did not abuse its discretion in limiting
cross-examination relating to knowledge of an unrelated murder. Denial of
motion to suppress eyewitness testimony is affirmed as the photographic
lineup was not impermissibly suggestive. District court did not clearly
err in applying two-level enhancement for abuse of position of trust to
Gilbert's sentence, as he used his special knowledge or access to
facilitate or conceal the offense.