United States v. Nichols ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-2306
UNITED STATES,
Appellee,
v.
RONDA R. NICHOLS, A/K/A RONDA R. BURKE,
Defendant, Appellant.
ERRATA SHEET
The opinion of this court issued on April 8, 1997 is amended
as follows:
On cover sheet, the name of "[Hon. David M. Cohen, U.S.
Magistrate Judge]" should be changed to read "[Hon. D. Brock
Hornby, U.S. District Judge]."
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-2306
UNITED STATES,
Appellee,
v.
RONDA R. NICHOLS, A/K/A RONDA R. BURKE,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Torruella, Chief Judge,
Campbell, Senior Circuit Judge,
and Boudin, Circuit Judge.
Tina Schneider on brief for appellant.
Jay P. McCloskey, United States Attorney, F. Mark Terison and
Donald E. Clark, Assistant United States Attorneys, on brief for
appellee.
April 8, 1997
Per Curiam. Upon careful consideration of the briefs
and record, we conclude that defendant's sentence properly
was enhanced under U.S.S.G. 3A1.1(b). The district court's
findings adequately pointed to the victim's particular
vulnerability, including her advanced age and inability to
keep track of her finances, and to defendant's knowledge
thereof during the extended period of the offense. Those
findings were not clearly erroneous and sufficiently
supported the 3A1.1(b) enhancement. See United States v.
Feldman, 83 F.3d 9, 15-17 (1st Cir. 1996).
Affirmed. See 1st Cir. Loc. R. 27.1.
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