Filed: Jun. 21, 2017
Latest Update: Mar. 03, 2020
Summary: 15-2630-cr(L) United States v. Robinson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMA
Summary: 15-2630-cr(L) United States v. Robinson UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMAR..
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15‐2630‐cr(L)
United States v. Robinson
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE
OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A
SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE
FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A
PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED
BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in
the City of New York, on the 21st day of June, two thousand seventeen.
PRESENT: RALPH K. WINTER,
GUIDO CALABRESI,
DENNY CHIN,
Circuit Judges.
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UNITED STATES OF AMERICA,
Appellee,
v. 15‐2630‐cr(L)
15‐2750‐cr(CON)
SEAN ROBINSON, AKA Sean Vicks, AKA Luca
Brasi, AKA Luca,
Defendant‐Appellant,
ALLEN WILLIAMS, AKA Sealed Defendant 1,
ROBERTO GRANT, AKA Roberto Cross, AKA Berto,
TERRELL RATLIFF, TYRONE DEHOYOS, AKA
Tyrone Cross, RALIK HANSEN, AKA Rahlik, AKA
Rah, RONALD MCINTYRE, KENDAL THOMPSON,
COURTNEY HARDIN, AKA Mazie, AKA Mozie,
JAMAL DEHOYOS, RYAN CAMPBELL, AKA Shaky,
Defendants.
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FOR DEFENDANT‐APPELLANT: MARSHA R. TAUBENHAUS, Law Offices of
Marsha R. Taubenhaus, New York, New York.
FOR APPELLEE: ANDREA M. GRISWOLD, Assistant United
States Attorney (Richard Cooper, Michael
Ferrara, Assistant United States Attorneys, on
the brief), for Joon H. Kim, Acting United States
Attorney for the Southern District of New
York, New York, New York.
Appeal from the United States District Court for the Southern District of
New York (Preska, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
In April 2015, defendant‐appellant Sean Robinson pled guilty to
conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951. On August
14, 2015, the district court entered judgment sentencing him to 240 monthsʹ
imprisonment and ordering him to pay $1,106,000 in restitution to specified robbery
victims who suffered losses as a result of the charged conspiracy. Robinson challenges
the restitution order on the grounds that the restitution amount included losses caused
by two robberies for which he was not charged and with which he did not admit
involvement. We assume the partiesʹ familiarity with the underlying facts, procedural
history, and issues on appeal.
In October 2014, a grand jury indicted Robinson and other defendants for,
inter alia, a Hobbs Act robbery conspiracy, and charged, as overt acts in Count One,
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seven robberies committed on specified dates in specified locations. Robinson was
named as participating in the first six overt acts but not the seventh, the robbery of a
Cartier jewelry store in New York City on January 30, 2014 (the ʺCartier robberyʺ). In
April 2015, he pled guilty to the conspiracy count and agreed to a Guidelines
calculation of the offense level that specifically considered the first six robberies but not
the Cartier robbery.
The presentence report recommended a sentence of 240 months and a
restitution amount of $1,106,000 on account of losses suffered in six robberies: five of
the seven listed in the conspiracy count, including the Cartier robbery, as well as an
August 3, 2013 robbery of Schwarzschildʹs Jewelers in Richmond, Virginia (the
ʺSchwarzschild robberyʺ), a robbery that was not described in the indictment at all. The
losses from the Cartier robbery and the Schwarzschild robbery were $700,000 and
$100,000, respectively. Robinson did not submit any objections to the restitution
recommendation or findings in the presentence report, nor did he raise any restitution
objections in his sentencing submissions.
At sentencing, Robinson confirmed he had no objections to the
presentence report or to the restitution amount proposed by the court. The court
sentenced him to 240 monthsʹ imprisonment and ordered him to pay $1,106,000 in
restitution to the six victims identified in the presentence report. The judgment of
conviction was filed on August 14, 2015. This appeal followed.
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On December 21, 2016, a motions panel dismissed Robinsonʹs appeal with
respect to the imprisonment term on waiver grounds, but declined to summarily affirm
the appeal with respect to restitution. Accordingly, only the restitution portion of the
district courtʹs judgment is before us now.
ʺ[W]here, as here, a defendant fails to object to the restitution order at the
time of sentencing, our review is for plain error.ʺ United States v. Zangari, 677 F.3d 86, 91
(2d Cir. 2012); see also United States v. Boyd, 222 F.3d 47, 49 (2d Cir. 2000) (per curiam)
(ʺPeck raised no objection, either in her sentencing memorandum or during the
sentencing hearing, to paying full restitution.ʺ). Plain error is error that (1) is plain,
(2) affects substantial rights, and (3) seriously affects the fairness, integrity, or public
reputation of judicial proceedings. United States v. Bonilla, 618 F.3d 102, 111 (2d Cir.
2010).
We find no such error here. The presentence report contained findings
that (1) Robinson and other individuals conspired to commit robberies together in
several states including New York, New Jersey, and Virginia; (2) co‐conspirators
committed the Schwarzschild robbery on August 3, 2013 and the Cartier robbery on
January 30, 2014, both of which fell within the period of the conspiracy charged in
Count One; (3) the conspiracy caused at least $1,106,000 in total losses to
Schwarzschildʹs Jewelers, Cartier, and other victims; and (4) Schwarzschildʹs Jewelers
suffered $100,000 in losses and Cartier suffered $700,000 in losses. Robinson did not
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challenge these findings in his objections to the presentence report, in his sentencing
submissions, or at the sentencing proceeding, even when the district court specifically
asked if he had any objections to the report. The court implicitly (if not explicitly)
adopted the reportʹs identification of restitution victims and loss amounts when it
ordered Robinson to pay a total restitution amount of $1,106,000, the same number from
the report, ʺto the victims listed at page 32 of the presentence report pro rata according
to their losses.ʺ App. 110. In light of these circumstances, even assuming there was
error, the district courtʹs inclusion of the Cartier and Schwarzschildʹs Jewelers losses in
the restitution amount did not ʺseriously affect[] the fairness, integrity, or public
reputation of judicial proceedings.ʺ Bonilla, 618 F.3d at 111.
We have considered Robinsonʹs remaining arguments and find them to be
without merit. Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine OʹHagan Wolfe, Clerk
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