164455P.pdf   12/21/2017  United States  v.  Robert Beyer, II
   U.S. Court of Appeals Case No:  16-4455
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal Case - conviction and sentence. On conviction for wire fraud and 
   unlawful monetary transaction, the district court did not abuse its 
   discretion in admitting evidence from ATM-location because, although 
   prejudicial, it was highly probative of an intent to defraud. District 
   court did not clearly err in applying two-level vulnerable-victim 
   enhancement - vulnerability no longer needs to contribute to success of 
   the scheme; although district court did not make explicit factual findings 
   as to two victims, the victims testified and the there is an adequate 
   record on appeal to review the enhancement. The record shows that district 
   court understood its authority to depart downward based on criminal 
   history; this court lacks jurisdiction to review the denial of the 
   downward departure.