UNITED STATES of America, Plaintiff-Appellee, v. Kyle Torbin ROBINSON, Defendant-Appellant

FACTS

On six occasions between February 1993 and January 1994, computer-related items were stolen from offices at the Emergency Operation Facility (“EOF”) of the Southern California Edison San Onofre Nuclear Generator Site (“SONGS”). The nature of the thefts suggested an inside job, and in early 1994, the investigation focused on defendant-appellant Kyle T. Robinson, who was a security officer at the EOF.

The FBI later discovered that Robinson had pawned several items that had been stolen from SONGS. A subsequent warrant search of Robinson’s home recovered three of SONGS’ stolen VCRs. Investigators also traced a pawn ticket bearing Robinson’s name to King’s Pawn Shop and recovered all the equipment that had been stolen in the sixth theft. Employees and records at the pawn shop verified that Robinson had pawned the equipment and had pawned computer equipment on two previous occasions that coincided with other thefts at SONGS. Most of the stolen equipment ultimately was recovered.

Robinson was indicted on six counts of theft, and a jury convicted him on March 2, 1994 of all six counts. Following a sentencing hearing on August 8, 1994, the district court adopted the presentence…