United States v. Evans

[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-1147 UNITED STATES, Appellee, v. DIANE C. EVANS, Defendant, Appellant.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. -2-