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United States v. Evans, 97-1147 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1147 Visitors: 15
Filed: May 08, 1997
Latest Update: Mar. 02, 2020
Summary: ________________ ______________, Assistant U.S. Attorney, on brief for appellee.was enhanced for abuse of a position of trust under U.S.S.G.United States v. Tardiff, 969 F.2d 1283, 1289 (1st Cir.and her transfers between those accounts to cover her thefts. 3B1.3, application note 1;
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



____________________


No. 97-1147

UNITED STATES,

Appellee,

v.

DIANE C. EVANS,

Defendant, Appellant.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Joseph A. DiClerico, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Richard N. Foley on brief for appellant. ________________
Paul M. Gagnon, United States Attorney, and Jean B. Weld, ________________ ______________
Assistant U.S. Attorney, on brief for appellee.


____________________

MAY 8, 1997
____________________















Per Curiam. Upon careful consideration of the briefs __________

and record, we conclude that defendant's sentence properly

was enhanced for abuse of a position of trust under U.S.S.G.

3B1.3.

We agree with the district court's interpretation of the

guideline terms, and we find no clear error in its

application of those terms to the facts of this case. See ___

United States v. Tardiff, 969 F.2d 1283, 1289 (1st Cir. ______________ _______

1992). The enhancement was fully supported by a showing

that defendant's position "provided the freedom to commit a

difficult-to-detect wrong." See id. The district court ___ __

outlined the elements of defendant's position of private

trust with her employer, her actual use of that position to

commit and conceal her thefts, and the significant way in

which that position contributed to the misconduct, including

her primary and "managerial" responsibility for two accounts

and her transfers between those accounts to cover her thefts.

See U.S.S.G. 3B1.3, application note 1; United States v. ___ ______________

Santiago-Gonzalez, 66 F.3d 3, 8 (1st Cir. 1995). _________________

Affirmed. See 1st Cir. Loc. R. 27.1. ________ ___













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Source:  CourtListener

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