[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 03-14131 U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
Non-Argument Calendar June 10, 2005
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 02-00042-CR-N-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH BLANKENSHIP,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(June 10, 2005)
Before DUBINA, BLACK and PRYOR, Circuit Judges.
PER CURIAM:
Appellant Joseph Blankenship was indicted for food stamp fraud under 7
U.S.C. § 2024(c). He was tried by a jury and found guilty on all counts listed in
the indictment. The district court sentenced Blankenship to twelve months and
one day in the penitentiary on each count to run concurrently. Blankenship has
completed his sentence.
The issue presented in this appeal is whether the district court erred in
enhancing Blankenship’s sentence by two-levels under U.S.S.G. § 3B1.3 which
mandates an upward adjustment if a defendant abuses a position of public trust.
Factual findings made by the district court are reviewed for clear error. United
States v. Ward, 222 F.3d 909, 911 (11th Cir. 2002). We review questions of law
arising under the Sentencing Guidelines de novo. United States v. Bush, 126 F.3d
1298, 1299 (11th Cir. 1997).
After reviewing the record, we conclude that the district court correctly
found that Blakenship held a position of trust in that he was entrusted by the
federal government to administer the food stamp program, and to follow the rules
of the program. Blankenship was in a position of significant managerial
discretion, in that he was the only employee of Fishnet Seafood and was
authorized to obtain the EBT food stamp machine. See generally, United States v.
2
Britt, 388 F.3d 1369 (11th Cir. 2004); United States v. Cooper, 94 F.3d 653 (9th
Cir. 1996) (table). Accordingly, we affirm Blankenship’s sentences.
AFFIRMED.
3