United States v. Smith , 282 F. App'x 270 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4100
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AMY C. SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (2:07-cr-00034-PMD-1)
Submitted: June 19, 2008 Decided: June 24, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Debra Y. Chapman, DEBRA CHAPMAN, PA, Columbia, South Carolina, for
Appellant. Michael Rhett DeHart, Assistant United States Attorney,
Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Amy C. Smith pled guilty to conspiracy to commit wire
fraud, 18 U.S.C.A. §§ 1343, 1349 (West 2000 & Supp. 2008). She was
sentenced to a term of thirty months imprisonment and ordered to
make restitution in the amount of $378,113.42. Smith’s attorney
has filed a brief pursuant to Anders v. California, 386 U.S. 738(1967), challenging the adjustment for abuse of a position of
trust, U.S. Sentencing Guidelines Manual § 3B1.3 (2007), but
stating that, in her view, there are no meritorious issues for
appeal. Smith has been informed of her right to file a pro se
supplemental brief, but has not filed a brief.
This court reviews de novo the district court’s
determination that the defendant held a position of trust under
§ 3B1.3, and reviews the factual findings that support the
adjustment for clear error. United States v. Ebersole, 411 F.3d
517, 535-36 (4th Cir. 2005); United States v. Caplinger, 339 F.3d
226, 235-36 (4th Cir. 2003). The adjustment applies if the
position of public or private trust significantly facilitated the
commission or concealment of the offense. USSG § 3B1.3, comment.
(n.1.) Smith committed the offense while she was employed as a
paralegal at a law firm, with access to the firm’s escrow and trust
account and the ability to write checks and make wire transfers.
Using two checks and a wire transfer, Smith transferred more than
$690,000 out of the firm’s escrow account for the benefit of her
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co-defendant and herself. We conclude that the district court did
not err in deciding that Smith occupied a position of trust, which
facilitated her commission of the offense.
Pursuant to Anders, we have examined the entire record
and find no meritorious issues for appeal. Accordingly, we affirm
the conviction and sentence. This court requires that counsel
inform her client, in writing, of her right to petition the Supreme
Court of the United States for further review. If the client
requests that such a petition be filed, but counsel believes that
such a petition would be frivolous, then counsel may move in this
court for leave to withdraw from representation. Counsel’s motion
must state that a copy thereof was served on the client. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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