DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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203167P.pdf 01/24/2022 United States v. Robert Gross
U.S. Court of Appeals Case No: 20-3167
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Kelly, Author, with Erickson and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. The evidence was sufficient
to support defendant's conviction for interstate stalking of victim Wu, as
the government showed he traveled in interstate commerce with the intent
to harass victim Wu and that he caused her substantial emotional distress
in the course of that travel; a single incident is sufficient to commit
the offense; however, with respect to the conviction for interstate
stalking of victim Liu, the government failed to show that defendant
traveled in interstate commerce with the intent to harass Liu, and this
conviction must be vacated; with respect to defendant's claim that the
government used perjured testimony from Wu to obtain his conviction, even
if the government used testimony from Wu it knew or should have known was
false, defendant has failed to establish a reasonable likelihood that the
perjured testimony could have affected the jury's verdict; because the
court has vacated the interstate stalking conviction concerning victim
Liu, defendant's sentence is vacated, and the matter is remanded for
resentencing.