United States v. Shirley, No. 12-3893 (8th Cir. 2013)
Annotate this CaseDefendants, brothers Mathew and Timothy, appealed their convictions related to their participation in Social Security fraud. The court concluded that the government presented sufficient evidence for a reasonable jury to find beyond a reasonable doubt that Mathew knowingly participated in a conspiracy to defraud the United States and that he intended to steal government property; the court rejected Mathew's challenges to his theft of government property conviction by arguing that the government failed to establish that the Social Security funds Timothy received were a "thing of value of the United States;" the government also presented sufficient evidence to support Timothy's convictions; and Timothy's sentence was not unreasonable where the district court considered 18 U.S.C. 3553(a) factors and did not clearly err in weighing them. Accordingly, the court affirmed the convictions and Timothy's sentence.
Court Description: Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendants' convictions for conspiracy to defraud the U.S. and theft of government property in connection with receipt of Social Security Disability Insurance Benefits; defendant Timothy Shirley's sentence was not unreasonable as the district court considered the 3553(a) factors and did not clearly err in weighing them.
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