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[NOT FOR PUBLICATION]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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