US v. Sweet, 10-3348
Sentencing challenge in bank embezzlement conviction
US v. Sweet, 10-3348, concerned a challenge to the district court's imposition of an 8-month sentence, followed by five years supervised release, in a prosecution of defendant for bank embezzlement.
In vacating and remanding for resentencing, the court held that the
district court erred when in applied the abuse-of-trust enhancement to
calculate the advisory Guidelines sentencing range as, defendant's
position did not entail more than normal duties of honesty and fealty
imposed on all employees, and the fact that defendant was entrusted to
audit other teller's cash drawers, or to certify the existence of a
teller's cash shortage, is not the type of substantial discretion to
manage the bank's funds that is required for the application of the
enhancement. However, the court held that the district court was
correct in applying the obstruction-of-justice enhancement as
defendant's testimony was calculated to avoid application of the
abuse-of-trust enhancement and an attempt to minimize the seriousness of
his conduct.
Related Link:
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.