United States v. Gilbert, No. 12-1788 (8th Cir. 2013)
Annotate this CaseDefendants were convicted of charges stemming from a series of attempted robberies and the robbery of an armored car service. Defendants appealed their convictions and Defendant Gilbert appealed his sentence. The court concluded that there was sufficient evidence for a reasonable jury to find the existence of a single conspiracy; the district court did not abuse its discretion by limiting the cross-examination of Defendant Platt regarding his knowledge of a murder committed by the armored car driver because there was no prejudice; the court affirmed the district court's denial of Defendant Person's motion to suppress eyewitness identification where the photographic lineup was not impermissibly suggestive; and the district court did not clearly err by applying a two-level enhancement for abuse of trust under U.S.S.G. 3B1.3 because Gilbert used his special knowledge or access to facilitate or conceal the offense. Accordingly, the court affirmed the convictions and sentence.
Court Description: 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.
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