The Hon. Richard S. Arnold stepped down as Chief Judge of the United States 1 Court of Appeals for the Eighth Circ uit at the close of business on April 17, 1998. He has been succeeded by the Hon. Pasco M. Bowman II. The H on. Stephen N. Limbaugh, United States District Judge for the Easter n 2 District of Missouri, sitting by designation. United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 97-3632SI

_____________ United States of America, * * Appellee, * On Appeal from the * United States District Court v. * for the Southern District * of Iowa. * Jonathan S. Gilbert, * * Appellant.

___________

Submitted: February 10, 1998 Filed: April 29, 1998

___________ Befor e RICHARD S. ARNOLD, Chief Judge, HANSEN, Circuit Judge, an d 1 LIMBAUGH, District Judge.

2

___________ RICHARD S. ARNOLD, Chief Judge.-2-

After a jury trial, Jonathan Gilbert was convicted of impersonating a federa l officerin vi olation of 18 U.S.C. § 912 (1994). Gilbert appeals, contending that hi s actions did not constitute a crime as set forth in the statute. We affirm. Gilbert no t only falsely asserted that he was an officer of the United States Customs Service, he also caused local police officers to undertake an investigation they would not otherwise have pursued. This is enough, under our cases, to make out a violation of § 912. We therefore affirm.
I.
On February 16, 1997, two Carter Lake, Iowa, police officers stopped Gilbert for speeding. One of the officers, Brian Kruse, approached the driver’s side o f Gil bert’s car and requested his license and registration. Gilbert produced a U.S

. Cust oms Inspector badge. Officer Kruse repeated his request for a license an d regist ration, and Gilbert produced the items. Officer Kruse asked about the Customs Inspecto r badge and Gilbert stated that he was a U.S. Customs Agent. The office r asked to s ee federal identification, and Gilbert pointed to the badge and said, “That’s it.” The officer requested picture identification and Gilbert displayed a laminated card from the badge case, which read “Department of the Treasury, U.S. Customs Service, Jonathan S. Gilbert, Customs Inspector, whose photograph and si gnature are annexed.” No signature o r photograph was attached to the card. Officer Kruse contacted Police Chief David Martin, who went to the site and asked Gilbert about his allege d empl oyment

with the Customs Service. Gilbert replied that he was a U.S. Custom s Inspector who had recently transferred from New York to Omaha. Chief Martin asked Gilbert follow-up questions relating to his employment, which Gilbert was unable t o answer . Gilbert displayed his badge to Chief Martin during their discussion. Officer Kruse then contacted the Customs Service to confirm Gilbert’s status as a Custom s Inspector. Two hours later, Customs informed Kruse that Gilbert was not an employee. Gilbert was arrested for impersonating a federal agent.The Hon. Robert W. Pratt, United States District Judge for the S outhern District 3 of Iowa. -3- At trial , Gilbert testified that in 1992, while employed by the U.S. Custom s Service as an Inspector, he misplaced his badge and credentials. He reported this loss to his superv isors in a memorandum. In 1996, when Gilbert was no longer employed by the Cust oms Service, he moved to Nebraska. After the move, he recovered th e Customs Inspector badge and identification card from a box of books.
Th e United States charged Gilbert with posing as a U.S. Customs Agent, i n vio lationof 18 U.S.C. § 912 (1994). Gilbert unsuccessfully moved to dismiss th e indictment. He was tried a nd convicted by a jury. The District Court sentenced him 3 to one year on probation. Gilbert now appeals from the denial of the motion to dismiss and from the conviction.
II. Title 18 U.S.C. § 912 (1994), provides that Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency o r officer thereof, and acts as such, or in such pretended character demands or ob tains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

Gilber t was prosecuted under the first portion of the statute, which requires that th e defendant both assume or pretend to be a federal officer and act as such. Gilbert con tends that the indictment and the evidence failed to establish that he “acted a s such.” He concedes that his statement to Officer Kruse that he was a Customs Officer establishes that he impersonated a federal agent. However, his display of the badge-4-

and ide ntification card, he argues, were part of the initial impersonation and do no t meet the additional “act[ing] as such” requirement of the law.
This Co urt has held that “to ‘act as such’ would be the equivalent of causin g ‘the deceived person to follow some course he would not have pursued but for th e de ceitful conduct.’ ” United States v. Robbins , 613 F.2d 688, 691 (8th Cir. 1979 ) (quoting U nited States v. Lepowitch , 318 U.S. 702, 704 (1943)). The Court furthe r inter preted the “acts as such” language as “requiring reliance on the impersonator’ s assertion of authority. ” Id . In Robbins , the defendant told several people that he was an FBI age nt. To substantiate this claim, he displayed, at various times, a pistol, a set of handc uffs, and an identification card with a badge. He told his girlfriend storie s consisten t

with his assumed identity as an undercover agent. He purchased a car , chartered an airplane, and opened a checking account, each time purporting to be a fed eral agent. Robbins told a store owner that he was an FBI agent, and a few day s la ter returned to the store carrying handcuffs and wearing a holster containing a revolver. The store owner became sus picious and called the FBI to verify his identity. Robbins was arrested and convicted under 18 U.S.C. § 912.
Like Gilb ert, Robbins argued that he impersonated an FBI agent but did no t

“ ‘act as such’ by asserting the authority of an FBI agent.” Id . In Robbins , we hel d that [t]he carrying of a pistol, handcuffs, identification card and a badge g o be yond‘mere bravado.’ These actions are integral parts of the officia l routine of an FBI agent. Moreover, we are convinced that the evidence sh owed that the people who tolerated such acts and accorded som e deference to Robbins, did so in reliance on the author ity that an FBI agent possesses in order to carry out the duties of his profession.-5-

Id. at 692 (citation omitted). Robbins’ s actions went somewhat beyond the facts here. Buta ju ry could reasonably infer that Gilbert attempted to avoid a ticket by falsel y implying that he was on the way to some work-related emerge ncy. This act reasonably caused the police “to follow some course [they] would not have pursued but for th e deceitful conduct.” Id . at 691 (citation omitted). There was more here than a naked misrepresentation, more than mere bravado or puffing.
Affirmed. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.