677 F.3d 356 (8th Cir. 2012), 11-3134, United States v. Troyer

Docket Nº:11-3134.
Citation:677 F.3d 356
Opinion Judge:COLLOTON, Circuit Judge.
Party Name:UNITED STATES of America, Appellee, v. Bruce Lynn TROYER, Appellant.
Attorney:John Bishop, argued and on the brief, Cedar Rapids, IA, for appellant. Teresa Baumann, AUSA, argued and on the brief, Cedar Rapids, IA, for appellee.
Judge Panel:Before WOLLMAN and COLLOTON, Circuit Judges, and HICKEY,[1] District Judge.
Case Date:May 03, 2012
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 356

677 F.3d 356 (8th Cir. 2012)

UNITED STATES of America, Appellee,

v.

Bruce Lynn TROYER, Appellant.

No. 11-3134.

United States Court of Appeals, Eighth Circuit.

May 3, 2012

Submitted: March 15, 2012.

As Corrected: May 9, 2012.

Page 357

John Bishop, argued and on the brief, Cedar Rapids, IA, for appellant.

Teresa Baumann, AUSA, argued and on the brief, Cedar Rapids, IA, for appellee.

Before WOLLMAN and COLLOTON, Circuit Judges, and HICKEY,1 District Judge.

COLLOTON, Circuit Judge.

Bruce Troyer pleaded guilty to wire fraud and aggravated identity theft, in violation of 18 U.S.C. §§ 1343 and 1028A, respectively. The district court 2 sentenced him to 27 months' imprisonment on the wire fraud charge and the mandatory consecutive sentence of 24 months on the aggravated identity theft charge, for a total sentence of 51 months' imprisonment. Troyer appeals his sentence, and we affirm.

I.

From about August 2008 to September 2009, Troyer worked as the office manager at a physician's office. As part of his employment, Troyer was entrusted with a credit card account in his name but was authorized to use it only for office-related expenses. Troyer exceeded his authority by charging to the account various personal expenses, including purchases at casinos, hotels, electronics stores, limousine service providers, restaurants, gas stations, and grocery stores. To mask his wrongdoing, Troyer concealed the monthly statements from his employers and initiated automatic payments to the credit card account from the office's checking account. Troyer also used the name of one of the physicians at his office to increase the account's credit limit and forged checks using signature stamps for " petty cash" to withdraw money from the office's bank account. All told, Troyer stole over $100,000.

A grand jury charged Troyer with ten counts of wire fraud and one count of aggravated identity theft. Troyer's activities while on pre-trial release figured in his sentencing, so we recount them here. After

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the court released Troyer on a personal recognizance bond, he was arrested in Clayton County, Iowa, for driving with a suspended license and failing to carry a registration card or liability coverage, and his car was towed. The next day, Troyer called the manager of the towing company, claimed that " all the charges were dropped," and told him he would arrive later in the day to reclaim his vehicle. When the manager returned from lunch, he found Troyer's vehicle gone and contacted law enforcement. The manager was owed $15 for overnight storage fees. In connection with his arrest for driving on a suspended license, Troyer was ordered to attend a hearing on May 11, 2011, but he failed to appear, later contending that he was never notified that his attendance was required. Although he had signed an appearance bond advising him of the hearing, Troyer asserted that he misunderstood the order.

On June 14, 2011, Troyer provided a urine sample that tested positive for the presence of amphetamines. Troyer denied using illegal drugs and suggested that the positive test was the result of his work as a confidential informant with the Clayton County Sheriff's Office and his exposure to a person who had been smoking methamphetamine. The pretrial officer assigned to Troyer had not authorized his work as a confidential informant, and a warrant was eventually issued for Troyer's arrest. During a hearing on the alleged violation of pretrial release conditions, Troyer admitted to smoking methamphetamine and acknowledged that the use was unrelated...

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