United States v. Beyer, No. 16-4455 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence and conviction of wire fraud and unlawful monetary transaction. The court held that the district court did not abuse its discretion in admitting ATM-location evidence where the location of defendant's withdrawals -- an adult club -- was proof he might not have used investor funds for legitimate business expenses. The court held that the district court did not clearly err in applying a two-level vulnerable-victim enhancement where vulnerability no longer needed to contribute to success of the scheme; although the district court did not make explicit factual findings, the victims testified at sentencing; the district court heard arguments regarding whether that testimony warranted the enhancement; and defendant ignored the combination of factors he knew about the victims, including disability and alcoholism. Finally, the court lacked jurisdiction to review the district court's denial of a downward departure.
Court Description: 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.
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