United States of America v. Tonya Robinson and Albert Smith

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 28, 2026
Before
FRANK H. EASTERBROOK, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
MICHAEL Y. SCUDDER, Circuit Judge
Nos. 24-1910 & 24-2310
U NITED S TATES OF A MERICA,
Plaintiff-Appellee,
v.
TONYA R OBINSON AND A LBERT S MITH ,
Defendants-Appellants.
Appeals from the United States District
Court for the Northern District of
Indiana, South Bend Division.
No. 3:21-cr-00064-JD-MGG
Jon E. DeGuilio,
Judge.
O R D E R
Tonya Robinson and Albert Smith filed a petition for panel rehearing as to the
opinion issued on December 15, 2025. They requested that the panel amend its remand
instructions to clarify that the district court should enter a judgment of acquittal on their
bank fraud convictions and enter an amended judgment.
The petition is granted. We added the following language on page 9: "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

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Nos. 24-1910 & 24-2310 Page 2
opinion." And we clarified on page 15 that the limited remand applied only "on this
particular issue," referring to Robinson's restitution. Finally, we summarized our
instructions to the district court at the end of the opinion: "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."

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