United States Fifth Circuit

Conviction of theft from an organization receiving federal funds is affirmed, where a secretary with limited authority to purchase food-related items for her office used her "procurement card" to make personal purchases, but the sentence is vacated and remanded because she does not occupy a "position of trust" for purposes of U.S.S.G. section 3B1.3. The criminal statute is not unconstitutional as applied to a low-level employee.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• DeMOSS, Circuit Judge:, Before WIENER, GARZA, and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Renee Harris Toliver (argued), U.S. Attorney's Office, Fort Worth, TX, for U.S., Robert N. Udashen, Gary Alan Udashen (argued), Sorrels, Udashen & Anton, Dallas, TX, for Ollison.