DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133253P.pdf 03/25/2015 United States v. Fred Robinson
U.S. Court of Appeals Case No: 13-3253
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Wollman and Colloton, Circuit Judges]
Criminal case - Criminal law. Agents could reasonably rely on binding
Supreme Court precedents permitting them to attach a tracking device to
defendant's vehicle at the time they did so, and the GPS evidence in the
case was properly admitted; counts alleging two different schemes for
federal programs theft were not misjoined, as the evidence overlapped and
evidence from each scheme would have been admissible in the separate trial
of the other scheme; further, the court instructed the jury that each
offense was a separate or different crime, thereby minimizing any
prejudice; Batson claim rejected; instructions on theft concerning
programs receiving federal funds were not erroneous, and the court
properly rejected defendant's proposed instructions as they did not
correctly state the applicable law; evidence was sufficient to support
defendant's conviction for accepting wages for work not performed at his
parking meter inspection job for the City of St. Louis as he was agent of
the City government which received federal funds; below-Guidelines
sentence was substantively reasonable; restitution order was not an abuse
of discretion.