Summary
The United States Court of Appeals for the Seventh Circuit granted Tonya Robinson and Albert Smith’s petition for panel rehearing. The court amended its prior opinion to direct the district court to enter judgments of acquittal on the bank fraud convictions, while affirming the wire fraud convictions and the use of the abuse-of-trust enhancement, and remanding for clarification of Robinson’s restitution.
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Practice areas
Questions Presented
- Whether the panel should grant rehearing and amend its prior opinion to direct the district court to enter judgments of acquittal on the bank fraud convictions.
- Whether the prior opinion should clarify that the limited remand concerning Robinson's restitution applies only to the issue of the joint and several nature of that restitution.
Holdings
- The petition for panel rehearing is granted, and the prior opinion is amended to direct the district court to enter a judgment of acquittal on the bank fraud convictions and amend its judgment consistent with the opinion.
- The bank fraud convictions on Counts 2 through 7 are reversed, and the district court is directed to enter a judgment of acquittal on those counts and amend its judgment accordingly.
- The wire fraud conviction on Count 8 is affirmed.
- The district court's use of the abuse-of-trust enhancement when sentencing Smith is affirmed.
- The case is remanded for the district court to clarify the joint and several nature of Robinson's restitution, and that limited remand applies only to that particular issue.
Key quotations
“For these reasons, we reverse Robinson and Smith's bank fraud convictions and direct the district court to enter a judgment of acquittal and to amend its judgment consistent with this opinion.” (at 2)
“For these reasons, we REVERSE the bank fraud convictions on Counts 2-7 and direct the district court to enter a judgment of acquittal on these counts and to amend its judgment consistent with this opinion; we AFFIRM the wire fraud convictions on Count 8; we AFFFIRM the district court's use of the abuse-of-trust enhancement when sentencing Smith; and we REMAND to allow the district court to clarify the joint and several nature of Robinson's restitution.” (at 2)
Factual background
The defendants were convicted of bank fraud on Counts 2 through 7 and wire fraud on Count 8. The district court also imposed a sentence on Albert Smith using an abuse-of-trust enhancement and ordered restitution involving Tonya Robinson. The rehearing order addresses only the clarification and amendment of the appellate court's prior disposition and remand instructions.
Procedural history
The Seventh Circuit previously decided the defendants' appeals and issued an opinion on December 15, 2025. Robinson and Smith petitioned for panel rehearing, requesting that the court clarify that the district court must enter judgments of acquittal on their bank fraud convictions and amend its judgment. The panel granted the petition and amended and clarified its prior opinion and remand instructions.
Remand instructions
The district court must enter a judgment of acquittal on the bank fraud convictions in Counts 2 through 7 and amend its judgment consistent with the appellate opinion. The court must also clarify the joint and several nature of Robinson's restitution; that limited remand applies only to that particular restitution issue.