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US v. Sweet, 10-3348

By FindLaw Staff on January 04, 2011 11:33 AM

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.

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