April 7, 2016
from the United States District Court for the Southern
District of Indiana, Indianapolis Division. No. 12 CR
00027-001 - Sarah Evans Barker, Judge.
Easterbrook, Kanne, and Sykes, Circuit Judges.
George Robey operated a modern-day "chop shop" -he
and his associates stole cars, altered their identities using
office and computer equipment, and then sold them. He was
convicted by a jury and the district court sentenced him to
110 months' imprisonment and three years of supervised
appeals his conviction and sentence on three grounds. First,
he argues that he did not receive a speedy trial, in
violation of the Speedy Trial Act and the Sixth Amendment.
Second, Robey contends that the district court erred in
allowing the government to amend the indictment by dropping
nineteen of the twenty-five charges. Third, he argues that
the district court erred at sentencing by finding that
Robey's theft of ten vehicles, in addition to the four
vehicles forming the basis of his conviction, constituted
relevant conduct. We affirm.
2009 until 2011, Robey and his associates stole cars from
lots around Indianapolis, altered the cars' identities,
and then sold them. As part of this operation, Robey would
change a stolen car's identity by giving it a new Vehicle
Identification Number ("VIN"), a unique 17-digit
identification code. Robey would also create counterfeit
documents to support a stolen car's new identity, which
included generating a title, insurance card, sales contract,
and temporary license plate. Robey created these counterfeit
VINs and documents using a computer, scanner, printer, and
digital image editing software.
was arrested on a criminal complaint on December 6, 2011.
Between Robey's arrest and indictment, Robey and the
government jointly requested and were granted two
ends-of-justice continuances to extend the pre-indictment
February 23, 2012, a grand jury returned a 25-count
indictment against Robey, alleging conspiracy to identify,
steal, and sell stolen vehicles for profit; trafficking in
vehicles with altered VINs; making, uttering, and possessing
counterfeit state securities; and identification document
made an initial appearance on the indictment on March 1,
2012. Between Robey's initial appearance and trial start
date of February 10, 2015, Robey requested and was granted
ten ends-of-justice continuances. Additionally, he filed
several pre-trial motions, requested and received new counsel
twice, underwent a psychological examination, and entered and
withdrew from a plea agreement. During this period, the
government also was granted one ends-of-justice continuance.
December 29, 2014, the government moved to dismiss nineteen
of the twenty-five counts in the indictment, reducing the
charges against Robey to six remaining counts-four counts of
trafficking in vehicles with altered VINs, in violation of 18
U.S.C. § 2321; and two counts of making, uttering, and
possessing counterfeit state securities, in violation of 18
U.S.C. § 513(a). The district court granted this motion.
also filed two motions to dismiss. On December 31, 2014,
Robey filed his first motion to dismiss, arguing that his
speedy trial right had been violated, pursuant to 18 U.S.C.
§§ 3161(c)(1), 3162, because his case had not been
tried within 70 days of his initial appearance. The district
court denied Robey's motion on January 5, 2015, finding
that only 28 days had elapsed on Robey's pre-trial speedy
trial clock. On January 28, 2015, Robey filed his second
motion to dismiss, again alleging violation of his right to a
speedy trial. The district court denied this motion on
February 6, 2015.
three-day trial began on February 10, 2015. The jury saw and
heard evidence that Robey had, for four stolen vehicles,
altered the VINs, created counterfeit vehicle documents, and
sold the vehicles, including one sale to an undercover agent.
The jury convicted Robey of all six counts on February 12,
20, 2015, the district court held Robey's sentencing
hearing. The revised presentence investigation report
("PSR") concluded that, in addition to the four
vehicles that were the focus of the trial, another ten stolen
vehicles constituted "relevant conduct." The
evidence found in Robey's home showed that, as with the
four cars that made up his conviction, he had altered the
VINs and created counterfeit documents for these other ten
cars. The total value of the fourteen cars-four that
constituted Robey's conviction and ten deemed relevant
conduct-exceeded $400, 000. This loss amount increased
Robey's offense level by 14, pursuant to U.S.S.G.
§§ 2B1.1(b)(1), (H) (2014).
sentencing, Robey contested the total value of the cars,
arguing that the ten uncharged cars should not be considered
relevant conduct. The district court ruled that the evidence
found during the search of Robey's home confirmed a
pattern of common conduct sufficient to establish the ten
additional vehicles as relevant conduct. Adopting the PSR,
the district court determined Robey's guidelines range
was 110 to 137 months' imprisonment, based on an adjusted
offense level of 26 and criminal history category of V. After
taking into account Robey's age and infirmity, the court
imposed a within-guidelines sentence of 110 months'
imprisonment and three years of supervised release, with the
standard conditions and some discretionary conditions.
Judgment was entered against Robey on May 27, 2015. Robey
appeals his conviction and sentence on three main grounds.
First, he claims that he did not receive a speedy trial, in
violation of the Speedy Trial Act and Sixth Amendment.
Second, Robey contends that the district erred in allowing
the government to amend the indictment by dropping nineteen
of the twenty-five charges. Third, he argues that the
district court erred at sentencing by ruling that Robey's
theft of ten vehicles, in addition to the four vehicles that
form the basis of his conviction, constituted relevant