United States First Circuit

Sentence for uttering forged securities, health care program theft and income tax evasion is affirmed where: 1) the district did not err in imposing a two-level sentencing enhancement for abuse of a position of trust as the record shows that defendant exercised considerable authority and discretion, was highly trusted, and used her position of trust to conceal her offenses; and 2) the court considered evidence of defendant's mental health but did not find it persuasive, and thus she is not entitled to a downward variance.

Appellate Information

• Decided 08/07/2009
• Published 08/07/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Syrie D. Fried, Office of the Massachusetts Federal Defender, for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, and Linda M. Ricci, Assistant United States Attorney, were on brief, for appellee.