United States v. Tomas Alksnys

── United States v. Tomas Alksnys ── Case No.: 24-14077 Court: Court of Appeals for the Eleventh Circuit Date: April 03, 2026 Category: NEW USCA11 Case: 24-14077 Document: 43-1 Date Filed: 04/03/2026 Page: 1 of 21 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-14077 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TOMAS ALKSNYS, a.k.a. John Himmer, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cr-20173-JB-1 ____________________ Before ROSENBAUM, JILL PRYOR, and BRASHER, Circuit Judges. PER CURIAM: Appellant Tomas Alksnys pleaded guilty to one count of bank fraud and one count of money laundering. For these crimes, USCA11 Case: 24-14077 Document: 43-1 Date Filed: 04/03/2026 Page: 2 of 21 2 Opinion of the Court 24-14077 he received a 36-month sentence. On appeal, Alksnys challenges his sentence. After careful consideration, we affirm. I. This case arises from a fraudulent scheme involving the sale of vehicles on the internet. As part of the fraud, vehicles were ad- vertised for sale on websites by Auto Haus, a Florida limited liabil- ity company. When a purchaser agreed to buy a vehicle, he was directed to wire money to Auto Haus’s Bank of America account to complete the transaction. Alksnys opened the Auto Haus bank account. He presented the bank with fraudulent documents that identified him as John Himmer. And Auto Haus’s corporate documents identified John Himmer as one of its managers or members. Based on the infor- mation Alksnys provided, Bank of America opened an account for Auto Haus with Himmer as the sole authorized signatory for the account. A few months later, three victims wired money to Auto Haus’s Bank of America account. The first victim used the internet to arrange to purchase a classic car, a 1969 Chevrolet Camaro, and wired $24,000 to the Auto Haus bank account. The day after the wire was received, Alksnys went to two different Bank of America branches. At each branch, Alksnys identified himself as Himmer, provided fraudulent identification documents, and withdrew money. At one branch, he withdrew $10,000, and at the other he withdrew $14,000. USCA11 Case: 24-14077 Document: 43-1 Date Filed: 04/03/2026 Page: 3 of 21 24-14077 Opinion of the Court 3 The second and third victims also arranged over the internet to purchase vehicles. A few days after the first victim wired money, the second victim agreed to purchase a luxury vehicle, a used Mer- cedez Benz G-class vehicle, and wired $63,729 to the Auto Haus bank account. On the same day, the third victim agreed to purchase a used recreational vehicle and wired $84,500 to the Auto Haus ac- count. Two business days after the money was wired, Alksnys went to a Bank of America branch, identified himself as Himmer, presented fraudulent identification documents, and withdrew $38,000 from the Auto Haus account. None of the three victims ever received a vehicl