937 F.3d 1146
8th Cir.2019Background:
- Local task force uncovered a multi-tier counterfeit-check scheme ("printers," "runners," "recruiters") operating in Minneapolis–St. Paul from 2009–2012.
- Momodu Sesay and Fester Sayonkon acted as primary check printers/recruiters; they generated counterfeit checks using VersaCheck and coordinated runners.
- Saddam Samaan was recruited while incarcerated, provided overseas runner contacts, and later served as a runner; investigators seized counterfeit checks and ID documents linking defendants to the scheme.
- Sesay pleaded guilty, cooperated at trial, and admitted the conspiracy caused or intended over $1.4 million in losses; Sayonkon and Samaan were tried and convicted of conspiracy to commit bank fraud and aggravated identity theft.
- Sentences: Sesay 63 months (downward departure), Sayonkon 151 months, Samaan 87 months. Defendants appealed convictions and challenged sentences; the Eighth Circuit affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved a single conspiracy or multiple conspiracies (variance) | Govt: evidence showed common purpose and interrelated conduct tying Sesay, Sayonkon, Samaan into one scheme | Sayonkon/Samaan: evidence showed two separate conspiracies; variance from indictment prejudiced them | Affirmed single conspiracy; evidence sufficient and no reversible variance |
| Failure to give a multiple-conspiracies jury instruction | Govt: standard instructions and counsel argument sufficed | Sayonkon: court should have instructed; jury question showed confusion and potential prejudice | Even if instruction warranted, no prejudice; no reversible error |
| Suppression of evidence obtained after motel registry inspection | Govt: registration information is not protected; third-party doctrine permits use | Samaan: motel registry search violated Fourth Amendment; subsequent seizures are fruit of unlawful search | No reasonable expectation of privacy in ID given to motel; Patel does not extend privacy to guests; evidence admissible |
| Sufficiency of aggravated-identity-theft proof under §1028A | Govt: seized fake MN ID plus resident-alien and SS cards and DMV records show D.S.A. is real and IDs were used knowingly | Samaan: no proof D.S.A. existed or that he knowingly used another person’s identity; argues "another person" requires living person | Evidence supported conviction; jury could find D.S.A. real and identity knowingly used; precedent allows deceased or living person as “another person” |
| Sentencing: role enhancement under USSG §3B1.1 for Sayonkon | Govt: Sayonkon managed/recruited runners and supervised at least one participant | Sayonkon: only a participant, did not control others | District court did not clearly err applying 2-level leader/organizer enhancement |
| Sentencing: loss amount for Samaan under USSG §2B1.1 | Govt: seized checks and intended-loss evidence support >$250,000 loss | Samaan: loss calculation inflated; should be ~ $95,000 | District court’s >$250,000 finding upheld; evidence supported intended loss over threshold |
Key Cases Cited
- United States v. Longs, 613 F.3d 1174 (8th Cir. 2010) (single-conspiracy sufficiency standard)
- United States v. Roach, 164 F.3d 403 (8th Cir. 1998) (failure to give multiple-conspiracies instruction not reversible if evidence supports single conspiracy)
- United States v. Nevils, 897 F.2d 300 (8th Cir. 1990) (standards for multiple-conspiracies instruction)
- City of Los Angeles v. Patel, 135 S. Ct. 2443 (2015) (hotel owner must have neutral review before registry-search penalties; does not confer guest privacy)
- Smith v. Maryland, 442 U.S. 735 (1979) (third-party doctrine and no expectation of privacy in voluntarily conveyed information)
- Carpenter v. United States, 138 S. Ct. 2206 (2018) (limits third-party doctrine for cell-site location records; distinguishes other third-party disclosures)
- United States v. Kowal, 527 F.3d 741 (8th Cir. 2008) ("another person" in §1028A includes deceased persons)
- Flores-Figueroa v. United States, 556 U.S. 646 (2009) (government must prove defendant knew the identification belonged to another person)
- Gall v. United States, 552 U.S. 38 (2007) (abuse-of-discretion standard for sentence reasonableness)