United States v. Gregoire
2011 U.S. App. LEXIS 6504
| 8th Cir. | 2011Background
- Gregoire, a Minnesota science teacher, also worked as a Reed's employee; no IRS forms filed after 2000; he accepted barter/payments in Reed's merchandise for hours worked; Reed's headquarters had multiple stores and ownership transition in 2003.
- Police linked Gregoire to the eBay seller 'mrlatebid,' which sold Reed's merchandise at deep discounts; Arnold identified suspicious activity and alerted police.
- A search of Gregoire's home pursuant to a warrant recovered hundreds of Reed's items; a second search of his mother's home yielded more items; Arnolds assisted during searches.
- Gregoire admitted taking Reed's merchandise and selling it on eBay in a post-Miranda interview; a laptop was seized and later searched for eBay records.
- Counts 2–6 charged him with a scheme to defraud by selling Reed's merchandise online without authorization; Count 1 charged interstate transportation of stolen property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether third-party presence during the search violated Fourth Amendment | Gregoire argues Arnolds' presence exceeded warrant scope | Gregoire argues Arnolds aided identification without need | No Fourth Amendment violation; presence reasonable and within scope |
| Sufficiency of evidence for counts 2–6 | Government proved theft and fraudulent eBay sales | Bartered items complicate proof of specific stolen goods | Sufficient evidence; jury verdict supported by interview and corroborating testimony |
| District court instruction on 'claim of right' for count 1 | Gregoire entitled to claim-of-right instruction | No support for claim-of-right defense given admissions | Instruction properly denied; count 1 harmless error given overwhelming evidence |
| Fraud loss calculation for sentencing and restitution | Use total eBay proceeds plus retail value of seized items | Exclude pre-indictment sales; limit to proven losses | Loss calculation affirmed for eBay proceeds; restitution remanded for further proceedings on seized property and bartered goods |
Key Cases Cited
- Wilson v. Layne, 526 U.S. 603 (1999) (third-party presence during execution of warrants context; standard)
- Ramirez, 523 U.S. 65 (1998) (reasonableness of warrant execution and identification of property)
- Horton v. California, 496 U.S. 128 (1990) (plain view and probable cause standards during searches)
- Turley, 352 U.S. 407 (1957) (definition of stolen not bound by state law; broad meaning for §2314/§2312)
- Upham, 168 F.3d 532 (1st Cir. 1999) (limited laptop contents search within computer warrant scope)
- Thorn, 375 F.3d 679 (8th Cir. 2004) (limitations on computer searches under a broad warrant)
- Garner, 907 F.2d 60 (8th Cir. 1990) (third-party identification of stolen property within warrant execution)
- Farrington, 499 F.3d 854 (8th Cir. 2007) (restitution for broad fraud scheme)
- Robertson, 493 F.3d 1322 (11th Cir. 2007) (restitution when seized property is unsold and return issues)
- Bein, 214 F.3d 408 (3d Cir. 2000) (return of property to victims; restitution vs. forfeiture)
- Lively, 20 F.3d 193 (6th Cir. 1994) (loss calculation in fraud cases)