IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30144
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TAURUS LORENZO KILPATRICK,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CR-50089-ALL
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October 9, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Taurus Lorenzo Kilpatrick appeals from his sentence for
being a convicted felon in possession of a firearm in violation
of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and access device fraud
in violation of 18 U.S.C. § 1029(a)(2). He argues that the
district court erred in increasing his base offense level for an
abuse of a position of trust pursuant to U.S.S.G. § 3B1.3.
Section 3B1.3 provides for an increase of two levels "[i]f the
defendant abused a position of public or private trust . . . in a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 02-30144
-2-
manner that significantly facilitated the commission or
concealment of the offense." A position of trust is found where
the position places the defendant in a superior position to
commit the crime. See United States v. Dahlstrom, 180 F.3d 677,
685 (5th Cir. 1999), cert. denied, 529 U.S. 1036 (2000); United
States v. Scurlock, 52 F.3d 531, 540 (5th Cir. 1995). We have
reviewed Kilpatrick's arguments and the record and find that the
district court did not clearly err in imposing the enhancement.
Accordingly, we AFFIRM the district court's decision and
Kilpatrick's sentence.
AFFIRMED.