United States v. Gray, No. 11-3331 (8th Cir. 2012)
Annotate this CaseRobert Gray and Teresa Tremusini committed various crimes related to schemes to defraud the United States Postal Service (USPS). Gray, who pled guilty, appealed certain sentencing evidentiary rulings and the district court's loss calculation with respect to his sentence. Tremusini was convicted following a jury trial and appealed the district court's (1) admission of particular out-of-court statements made by Gray, (2) refusal to give Tremusini's requested jury instructions, and (3) denial of her motion for a judgment of acquittal. The Eighth Circuit Court of Appeals affirmed, holding that the district court did not err in (1) determining the loss calculation with respect to Gray, as the calculation reflected the "fair market value of services provided to Gray less the amount actually paid for those services"; (2) admitting the out-of-court statements made by Gray; (3) declining to give a model instruction requested by Tremusini; and (4) denying Tremusini's motions for acquittal.
Court Description: Criminal case - Criminal law and Sentencing. District court did not err in calculating the amount of loss for which defendant Gray was responsible; Gray's statements in furtherance of the conspiracy were admissible against defendant Tremusini; no error in giving 8th Cir. Model Criminal Jury Instruction 4.04 or in rejecting Tremusini's request to give Model Instruction 4.05B; evidence was sufficient to support Tremusini's conviction for violating 18 U.S.C. Sec. 201(c)(1)(B).
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