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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.