United States v. Evans ( 1997 )

[NOT FOR PUBLICATION]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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