United States v. McNeil , 64 F. App'x 347 ( 2003 )

Opinions of the United
2003 Decisions States Court of Appeals
for the Third Circuit
6-4-2003
USA v. McNeil
Precedential or Non-Precedential: Non-Precedential
Docket No. 02-3192
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Recommended Citation
"USA v. McNeil" (2003). 2003 Decisions. Paper 484.
http://digitalcommons.law.villanova.edu/thirdcircuit_2003/484
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NOT PRECEDENTIAL
THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 02-3192
___________
UNITED STATES OF AMERICA
vs.
MARPESSA F. McNEIL
Appellant.
___________
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Criminal No. 01-cr-00599-1)
District Judge: The Honorable John R. Padova
___________
Submitted Under Third Circuit LAR 34.1(a)
May 23, 2003
BEFORE: SCIRICA, Chief Judge, SLOVITER, and NYGAARD, Circuit Judges.
(Filed: June 4, 2003)
___________
OPINION OF THE COURT
___________
NYGAARD, Circuit Judge.
This is an appeal by Marpessa McNeil from an order of the District Court
that imposed a two-level upward departure pursuant to U.S.S.G. § 3B1.3 because McNeil
abused a position of trust. McNeil, however, agreed to this enhancement by the terms of
the plea agreement. So, we will affirm.
McNeil was charged with conspiracy (1) to defraud federally insured
financial institutions by fraudulent use of stolen credit information, in violation of Title
18 U.S.C. § 1344; and (2) to knowingly and with intent to use unauthorized access
devices and access devices issued to other persons in order to obtain automobiles worth
more than $1,000 each, in violation of Title 18 U.S.C. § 1029. McNeil signed and
entered into a written plea agreement with the government, pleading guilty to the
conspiracy count. McNeil now argues that the District Court improperly imposed the
two-level sentence increase for abuse of a position of trust. But the plea agreement
explicitly states:
10. Pursuant to § 6B1.4 of the Sentencing Guidelines, the
parties enter into the following stipulations under the
Sentencing Guidelines
...
c. The offense level is increased by 2 levels because the
defendant abused a position of trust in a manner that
2
significantly facilitated the commission of the offense.
U.S.S.G. § 3B1.3.
By signing this plea agreement, McNeil specifically agreed that the abuse of
trust enhancement should be applied. McNeil is bound by the stipulation, and we will
affirm.
TO THE CLERK:
Please file the foregoing opinion.
/s/ Richard L. Nygaard
Circuit Judge