United States v. Evans ( 1997 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT







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        No. 97-1147



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                   DIANE C. EVANS,



                                Defendant, Appellant.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF NEW HAMPSHIRE



                   [Hon. Joseph A. DiClerico, U.S. District Judge]
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                                 ____________________



                                        Before



                                Torruella, Chief Judge,
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                           Stahl and Lynch, Circuit Judges.
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            Richard N. Foley on brief for appellant.
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            Paul  M.  Gagnon,  United  States  Attorney,  and  Jean  B.  Weld,
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        Assistant U.S. Attorney, on brief for appellee.





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                                     MAY 8, 1997

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                 Per Curiam.   Upon  careful consideration of  the briefs
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            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
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            United  States v.  Tardiff, 969  F.2d  1283,  1289 (1st  Cir.
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            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
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            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.
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            Santiago-Gonzalez, 66 F.3d 3, 8 (1st Cir. 1995).
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                 Affirmed.  See 1st Cir. Loc. R. 27.1.
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