United States v. Travis James Dearborn

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Travis James DEARBORN, Defendant-Appellant. No. 92-30412. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 1, 1993. Before: HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Travis James Dearborn appeals his sentence, imposed under the United States Sentencing Guidelines ("Guidelines"), following his plea of guilty to using an unauthorized automatic teller machine (ATM) card. Dearborn claims the district court erred by concluding that he had abused a position of trust to facilitate the offense, and adjusting his base offense level upward two points in accordance with U.S.S.G. § 3B1.3. Dearborn argues that the commentary to U.S.S.G. 3B1.3 exempts him from such an adjustment because he is a mere bank teller. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's…