United States Sixth Circuit

In a prosecution of defendant for bank embezzlement, district court's imposition of an 8-month sentence, followed by five years supervised release, is vacated and remanded where: 1) the district court erred when in applied the abuse-of-trust enhancement to calculate the advisory Guidelines sentencing range as, defendant's position did not entail more than normal duties of honesty and fealty imposed on all employees, and the fact that defendant was entrusted to audit other teller's cash drawers, or to certify the existence of a teller's cash shortage, is not the type of substantial discretion to manage the bank's funds that is required for the application of the enhancement; but 2) the district court was correct in applying the obstruction-of-justice enhancement as defendant's testimony was calculated to avoid application of the abuse-of-trust enhancement and an attempt to minimize the seriousness of his conduct.

Appellate Information

• Argued 10/12/2010
• Decided 01/04/2011
• Published 01/04/2011

Judges

• BECKWITH

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David E. Mills, Thomas A. Karol