United States v. Guerby Rene
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 23, 2026
Docket24-13113
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-13113
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GUERBY RENE,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:24-cr-20020-JEM-1
____________________
Before GRANT, LAGOA, and ABUDU, Circuit Judges.
PER CURIAM:
In the wake of the Covid-19 pandemic, the Small Business
Administration received 21 million applications for emergency
loans. Two of them came from Guerby Rene, who applied for
$243,500 on behalf of 365Live Inc. and Excel Booking Group Inc.
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The Administration approved the applications, and once the
money hit his account, Rene went on a spending spree—dropping
six figures on a Lamborghini and spending tens of thousands more
on flights, luxury hotels, and personal debts. Nearly two years
later, he sought another $674,000, but this time the Administration
denied his request.
Eventually, the government charged Rene with three
counts of wire fraud and two counts of money laundering. The
jury convicted him on the wire fraud charges, and the district court
sentenced him to 37 months. Rene appeals, challenging the
sufficiency of the evidence and raising a variety of alleged errors
with his trial and sentencing. We are unpersuaded and affirm.
I.
After Covid-19 struck, the Small Business Administration
expanded the Emergency Injury Disaster Loan program.
Successful applicants received six months of working capital and an
optional advance that scaled with their employee numbers.1 Rene
applied on behalf of two of his businesses: 365Live and Excel
Booking. 365Live was an event planning business while Excel
Booking did rentals for luxury cars, yachts, and more. Rene’s
application for 365Live listed a 2015 start date, six employees, and
$220,000 in annual revenue. As for Excel Booking, he again
claimed six employees, but placed the start in 2018 and the revenue
1 When you subtract the cost of goods sold from revenue, the remainder is
working capital. The advance was $1,000 per employee for up to $10,000.
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at $375,000. After submitting the applications, Rene filled out loan
agreements certifying that he would use the funds “solely as
working capital to alleviate economic injury caused by disaster.”
Rene also falsely claimed to be a United States citizen on his
loan applications, but that misstatement mattered less because
permanent residents could receive the loans if they proved their
legal status.
Rene’s deception was not immediately discovered, in part
because the Administration relied on applicants to certify the
information as true under penalty of perjury before it would issue
funds. Rene received his in three installments: (1) a $6,000 advance
for his 365Live application, based on his six purported employees,
(2) an $87,500 loan for 365Live which arrived two weeks later, and
(3) a $150,000 loan for Excel Booking which came after another
week.
The day after he received the 365Live loan, Rene made a
$121,472.86 down payment for a lease on a Lamborghini Urus. He
followed it up with flights and stays at the Four Seasons, the Ritz
Carlton, and other luxury hotels. He even cut a check for $20,906
to pay a personal debt to the IRS.
A year into the pandemic, the Administration changed the
funding formula: the cap increased from six months of working
capital to two years. Applicants just had to “check the box” to
request an increase. Rene sought another $674,000 for Excel
Booking, but the Administration flagged his application as
fraudulent and denied it.
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More time passed, and the repayment period for the loans
came, but Rene ignored letters, emails, and more than ninety
phone calls from the Small Business Administration. Eventually, it
wrote off his 365Live loan as a loss and placed an internal hold on
the Excel Booking Loan.
But Rene was not in the clear. Five months after the
Administration ceased its collection efforts, federal prosecutors
charged him with three counts of wire fraud—one for each of the
requests—and two counts of money laundering.
Rene went to trial, and the jury convicted him on the wire
fraud charges, but acquitted him on the money laundering ones.
The judge sentenced him to 37 months’ imprisonment. He now
appeals.
II.
Rene challenges the sufficiency of the evidence underlying
his conviction and raises evidentiary, procedural, and cumulative
error claims, and challenges to his sentence. None persuade us.
A.
Rene first claims that there was insufficient evidence to
convict him on the three wire fraud counts. He says the
government failed to show material misrepresentations.2 Not by a
long shot.
2 We review challenges to the sufficiency of the evidence de novo, viewing the
evidence in the light most favorable to the government. United States v. Nerey,
877 F.3d 956, 967 (11th Cir. 2017). Evidence is sufficient unless “no rational
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Wire fraud occurs when “a person (1) intentionally
participates in a scheme or artifice to defraud another of money or
property, and (2) uses or causes the use of the mails or wires for the
purpose of executing the scheme or artifice.” United States v. Ward,
486 F.3d 1212, 1221–22 (11th Cir. 2007) (quotation omitted); see 18
U.S.C. § 1343. A fraudulent scheme attempts “to obtain the
victim’s money or property” and need not seek economic injury to
the victim. Kousisis v. United States, 605 U.S. 114, 124 (2025)
(quotation omitted).
The materiality requirement separates “everyday
misstatements from actionable fraud.” Id. at 131. A
“misrepresentation is material if a reasonable person would attach
importance to it in deciding how to proceed, or if the defendant
knew (or should have known) that the recipient would likely deem
it important.” Id.
When a jury hears two plausible narratives, one supporting
guilt and the other innocence, they are free to reject either theory.
See United States v. Goggin, 853 F.2d 843, 846 (11th Cir. 1988).
Rene’s first count concerned his 2020 loan application for
365Live. Under the government’s theory, Rene lied about
365Live’s revenue, establishment date, and number of employees,
as well as whether he would use the loan to help his business.
trier of fact could have found proof of guilt beyond a reasonable doubt.” Id.
(quotation omitted).
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These fraudulent statements led the Administration to give
365Live an $87,500 loan plus a $6,000 advance.
We start with Rene’s misrepresentation about revenue.
Under Administration formulas, loan amounts scaled with the
revenue claimed for the review period: February 2019 to January
2020. Rene did not open a bank account for 365Live until January
of 2020, and the only transaction in the review period was a deposit
of $500. Even so, Rene claimed $220,000. In his defense, Rene said
that he ran the business through his personal accounts, but the jury
was free to reject his argument and find that he misstated the
revenue numbers. See id.
Next, the establishment date. On his loan application, Rene
claimed the business started in 2015, but he did not file articles of
incorporation until 2019. And on an immigration form submitted
in 2022, Rene said the business started in 2017. As Rene points out,
a business can certainly predate its formal incorporation. But his
conflicting answers provided ample evidence for the jury to
discredit his self-serving assertions and to find in favor of the
government’s position—that Rene lied about when the business
started.
Then, there is the number of employees. Rene claimed that
365Live had six employees, which let him receive a $6,000 advance.
But the government showed that Rene never submitted
employment tax returns, and 365Live’s bank account had no
payroll payments. Rene claims that’s because he hired contractors
who have different filing requirements. But 365Live’s 2019 tax
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return lists no costs for labor or wages. The jury had plenty of
evidence to conclude that Rene lied about the number of
employees.
Finally, usage. Rene signed a loan agreement affirming that
he would use the funds “solely as working capital to alleviate
economic injury.” But his accounts told a different story: Instacart,
flights, hotels, and even a Lamborghini. Rene claims these were all
legitimate business expenses for an entertainment company, but
the government provided sufficient evidence for the jury to reject
his explanation and see the spending as personal.
Each of these misrepresentations—regarding annual
revenue, date of establishment, the number of employees, and the
use of the funds—was material, providing ample support for the
jury’s verdict. See Kousisis, 605 U.S. at 131.
The second count concerned Excel Booking. On that
application, Rene claimed $375,000 in revenue and a 2018
establishment date. And, as with 365Live, he claimed six
employees and pledged to use the funds only as working capital.
Rene’s briefing devotes a single paragraph to Count Two that
raises the “same reasons for finding insufficiency of the evidence”
as he does for Count One (without explaining what they are), and
we reject them for the same reasons.
The third count dealt with Rene’s Excel Booking loan
modification, submitted nearly two years after his initial
application. Rene sought another $674,000 in funds based on his
earlier application. Plus, he attached a 2019 tax return for Excel
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Booking that he had never submitted to the IRS. Rene again raises
the “same reasons for finding insufficiency” as he did under the first
two counts, and we again reject them. As for the Excel Booking
tax return, Rene argues that the government admitted that he
submitted it to the IRS. Not so. The government’s evidence
showed that only 365Live had submitted a 2019 return. Its
evidence was sufficient to support the verdict on Count Three.
Rene makes several other objections. He first argues that
his acquittal on the money laundering charges shows that he used
the funds in furtherance of his business. But we do not infer facts
from potentially inconsistent jury verdicts. See United States v.
Green, 981 F.3d 945, 960–61 (11th Cir. 2020). He also argues he did
not cause—or even intend to cause—economic injury because he
was always able to repay the loan, but, after Kousisis, neither is
required. 605 U.S. at 124.
In short, Rene’s challenges to the sufficiency of the evidence
fail.
B.
Rene next argues that the immigration documents—a
request for naturalization and records from Rene’s removal
proceedings—were improperly admitted and that the
government’s presentation of that evidence constructively altered
the indictment by leading the jury to convict him for falsely
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claiming to be a citizen, a misstatement uncharged in the
indictment. 3 We disagree.
Rule 404(b)(2) allows in prior bad acts evidence “to show,
among other things, motive, preparation, knowledge, and intent.”
United States v. Barrington, 648 F.3d 1178, 1186 (11th Cir. 2011). And
Rule 403 bars evidence “if its probative value is substantially
outweighed by” unfair prejudice, among other things. Fed. R.
Evid. 403. To determine if Rule 404(b) evidence is admissible, we
work through three steps: “(1) the evidence must be relevant to an
issue other than the defendant’s character; (2) there must be
sufficient proof so that the jury could find that the defendant
committed the extrinsic act; and (3) the evidence must possess
probative value that is not substantially outweighed by undue
prejudice.” Barrington, 648 F.3d at 1186
Here, the first two steps are easy. Inconsistencies between
the immigration documents and his loan applications tended to
show that Rene’s misrepresentations were intentional. And Rene
3 “We review evidentiary rulings for abuse of discretion.” United States v.
Brown, 125 F.4th 1043, 1052 (11th Cir. 2025). But we review de novo whether
“the exclusion of evidence violated a constitutional guarantee.” United States
v. Sarras, 575 F.3d 1191, 1209 n.24 (11th Cir. 2009).
Rene also claims that the admission of the evidence violated the Fifth
Amendment’s due process protections, but he cites no authorities and so has
abandoned the argument. See Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d
678, 681 (11th Cir. 2014).
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does not contest that he filled out the immigration forms in
question.
For the third step, we weigh the probative value of the
evidence against any undue prejudice it may have caused. The
evidence was meaningful in several ways. To start, Rene failed to
list 365Live as an employer on his naturalization form in 2017,
despite claiming on his loan application that he had founded
365Live in 2015. Then, just a month before the 2022 Excel Booking
modification, an immigration judge found that Rene had
previously “made a false claim to U.S. citizenship with the
subjective intent of obtaining a benefit”—voting. This suggests
that his affirmation of citizenship on the loan modification was
intentional. Finally, on the same day that Rene submitted his 2022
Excel Booking loan modification, he failed to list the company as
an employer on another immigration form. That same form also
listed no assets while his loan modification claimed a net worth of
more than $13 million. Together, this evidence shows
inconsistencies that suggest an intent to deceive.
Rene claims the evidence prejudiced him in several ways.
He first argues that raising his lies about citizenship constructively
amended the indictment and may have led to his conviction on
those grounds. But the government used the inconsistencies across
the forms to emphasize his intent and lack of mistake, not to
provide a separate basis for conviction. Rene’s argument here is
unsupported by the record, and we reject it.
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Rene also argues that disclosing that he voted illegally in an
American election was “highly prejudicial.” But his own counsel
introduced this fact during cross-examination, and Rene “cannot
complain here about testimony he elicited.” United States v.
Bornscheuer, 563 F.3d 1228, 1238 (11th Cir. 2009).
Finally, Rene says that findings from an immigration judge
prejudiced him by overwhelming the jury’s independent
judgment. But the government volunteered only the immigration
judge’s finding that Rene had claimed United States citizenship to
obtain a benefit, and the indictment did not raise the citizenship
issue. We see no error. See Fed. R. Evid. 403.
In short, Rene has not shown prejudice that would
substantially outweigh the probative value of the evidence.
Neither Rule 403 nor Rule 404(b) barred the admission of the
immigration documents. See Barrington, 648 F.3d at 1186; Fed. R.
Evid. 403.
One final note: Rene says there should have been a limiting
instruction, but the “failure to give a limiting instruction is error
only when such an instruction is requested.” United States v.
Miranda, 197 F.3d 1357, 1360 (11th Cir. 1999). Here, Rene did not
do so.
C.
We now move to Rene’s argument that the district court
violated his Sixth Amendment right to have sufficient time to
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prepare a defense. 4 He argues that the district court’s failure to
grant a continuance to allow him more time to review documents
produced by the government was error. Again, we disagree.
In the context of a request for more time to prepare for trial,
we uphold the denial of a continuance unless the defendant shows
“an abuse of discretion and specific, substantial prejudice.” United
States v. Saget, 991 F.2d 702, 708 (11th Cir. 1993). To make this
showing, a defendant “must identify relevant, non-cumulative
evidence that would have been presented if his request for a
continuance had been granted.” Id.
Rene’s briefing makes only broad references to “hundreds of
pages” of “tax and bank records” that he deems “essential.” Vague
descriptions of vast quantities of documents neither identify them
nor explain why they are relevant and non-cumulative. See id.
Additionally, Rene introduced evidence from the production at
trial, further undercutting his argument that he lacked time to
prepare documents for presentation.
In any event, the fuller record reveals that the tax records
and bank accounts in question were Rene’s and within his control,
so he would have been able to get them more easily than the
government. We see no abuse of discretion in the district court’s
decision not to grant a continuance.
4 We review the denial of a motion for a continuance for abuse of discretion.
United States v. Jeri, 869 F.3d 1247, 1257 (11th Cir. 2017).
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D.
Rene next claims that the district court violated his fair trial
and effective assistance of counsel rights under the Fifth and Sixth
Amendments, as well as his rights under the Confrontation Clause,
when it excluded his Skype messages as a penalty for producing
them late. 5 He also claims that, at most, he violated Rule 16, which
only applies to his own case in chief, so he should have been able
to use the excluded evidence to cross-examine the government’s
witnesses. See Fed. R. Crim. P. 16(b)(1)(A), (d).
To justify reversal of a district court’s decision to exclude
evidence as a discovery sanction, “a defendant must show
prejudice to his substantial rights.” United States v. Petrie, 302 F.3d
1280, 1289 (11th Cir. 2002) (quotation omitted).
The government first requested reciprocal discovery in
February. Toward the beginning of May, Rene’s attorney offered
to share the Skype login with the government, but claimed to be
unable to turn the messages over. The next day, the government
reiterated its reciprocal discovery demand and emailed Rene’s
attorney, but received no response. By May 25, the government
had received only a half dozen documents from Rene, despite
indications that the defense intended to produce far more. So the
government sought and received a court order that all documents
5 We review sanctions for violations of discovery rules for abuse of discretion.
United States v. Petrie, 302 F.3d 1280, 1289 (11th Cir. 2002). But we review de
novo whether exclusion of evidence violated a constitutional guarantee.
Sarras, 575 F.3d at 1209 n.24.
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had to be produced by May 29 or face exclusion. On May 29, Rene
produced 1,320 documents—thousands of pages of text as well as
a motley collection of screenshots and spreadsheets—nearly all of
which were in an illegible format. The district court found that the
production did not comply with its discovery order and excluded
the evidence. We see no reason to disagree.
In any event, Rene waived this argument. The federal rules
require litigants to cite to the part of the record on which they rely
for their claims. See Fed. R. App. P. 28(a)(8)(A). Failure to do so
“may result in waiver or abandonment.” Nat’l All. for Mentally Ill,
St. Johns Inc. v. Bd. of Cnty. Comm’rs of St. Johns Cnty., 376 F.3d 1292,
1296 (11th Cir. 2004) (quotation omitted).
Rene’s briefing does not tell us which documents were
improperly excluded. He references “Skype messages,” but fails to
cite to any part of the record that would tell us which Skype
messages he means. Instead, he cites only to an earlier motion
which similarly lacks citations to the record. Given the thousands
of pages potentially at issue here, many of which are irrelevant, we
find Rene has failed to satisfy the standard set by Rule 28. After all,
“judges are not like pigs, hunting for truffles buried in the record.”
Murthy v. Missouri, 603 U.S. 43, 67 n.7 (2024) (alterations adopted
and quotation omitted).
E.
Rounding out his trial claims, Rene argues that the errors
alleged above, in conjunction with a number he separately
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identifies here, require a new trial under the cumulative error
doctrine. Again, no.
Under the cumulative error doctrine, a collection of
nonreversible errors “can yield a denial of the constitutional right
to a fair trial,” requiring reversal. Morris v. Sec’y, Dep’t of Corr., 677
F.3d 1117, 1132 (11th Cir. 2012). To determine if cumulative error
occurred, we consider “the validity of each claim individually,”
then we examine “any errors that we find in the aggregate and in
light of the trial as a whole to determine whether the appellant was
afforded a fundamentally fair trial.” Id.
Rene runs through a litany of purported errors, most out of
context and the rest poorly supported, and we reject them. And
since we find no error here or above, there can be no cumulative
error.
F.
Finally, Rene raises two objections to his sentence. 6 First, he
says the sentencing court erred by calculating loss based on
intended loss rather than actual loss. But we have said that courts
should use intended loss when it is greater than actual loss. United
States v. Horn, 129 F.4th 1275, 1300 (11th Cir. 2025). Doing so here
was not error.
6 We review the district court’s application of the Sentencing Guidelines de
novo and its underlying factual findings for clear error. United States v.
Flanders, 752 F.3d 1317, 1339 (11th Cir. 2014).
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Second, Rene objects to the district court’s imposition of an
obstruction-of-justice sentencing enhancement. At Rene’s
sentencing, the district court found that he faced a Guidelines range
of 37 to 46 months. After considering the parties’ statements, the
presentence report, and the 18 U.S.C. § 3553(a) factors, the district
court sentenced Rene to 37 months’ imprisonment. The court said
that, even if it had “granted some of the defense objections,” it
would have given the same sentence because it thought it was “an
appropriate sentence in this case.”
Even if a district court makes an error, so long as it would
have reached the same sentence anyways, and that sentence is
reasonable, then any error was harmless. See United States v. Keene,
470 F.3d 1347, 1348–49 (11th Cir. 2006). After all, “it would make
no sense to set aside this reasonable sentence and send the case
back to the district court since it has already told us that it would
impose exactly the same sentence.” Id. at 1350. “A sentence
imposed well below the statutory maximum penalty is an indicator
of a reasonable sentence.” United States v. Dougherty, 754 F.3d 1353,
1362 (11th Cir. 2014). Ordinarily, a sentence within the Guidelines
range is reasonable. United States v. Stanley, 739 F.3d 633, 656 (11th
Cir. 2014).
Even assuming the district court erred below, it said it would
have imposed the same sentence without the enhancement, so if
the sentence is reasonable, there is no need to remand. See Keene,
470 F.3d at 1349. It is.
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Without the obstruction enhancement, Rene’s Guidelines
range would have been 30 to 37 months. See U.S. Sentencing
Guidelines. ch. 5, Pt. A, Sentencing Table (Mar. 2022). So his
sentence—37 months—falls within the Guidelines range, even if
there had been no enhancement, providing one marker of
reasonableness. Stanley, 739 F.3d at 656. And the statutory
maximum for Rene’s offense was 240 months, but his sentence fell
far below that, providing another marker of reasonableness.
Dougherty, 754 F.3d at 1362.
Because the district court made a Keene finding, and Rene’s
sentence was reasonable without the enhancement, any error was
harmless.
* * *
We AFFIRM the judgment of the district court.