Gilchrist

United States v. Gilchrist

Good Law
658 F.3d 1197·2011 WL 4537789·2011 U.S. App. LEXIS 20030
United States Court of Appeals for the Ninth CircuitOctober 3, 201109-10250California3,590 words

Opinion

Opinion

Bea, J.

Dwight Gilchrist appeals his sentence of 25 months’ imprisonment plus five years of supervised release following his guilty plea to ten counts of embezzlement under 18 U.S.C. § 656 , and eight counts of bank fraud under 18 U.S.C. § 1344 . The eighteen counts Gilchrist pleaded guilty to relate to two schemes to defraud Wells Fargo: an embezzlement scheme and a check-kiting scheme. His primary contention is that because he did not know he was the subject of a pending criminal investigation at the time he committed perjury in a civil suit concerning the very same conduct later charged in the criminal Indictment, the district court erred in applying U.S.S.G. § 3C1.1 to enhance his sentence for wilfully obstructing justice. We have jurisdiction under 18 U.S.C. § 3231 , and we affirm.

I. The Facts

A. Embezzlement (Counts 1-10)

On November 1, 1997, Dwight Gilchrist — claiming to be “Michael Colston”— got a job with Wells Fargo in its Overdraft Collections Unit. During March 1998, he accessed Wells Fargo’s computer system and added his real name, Dwight Gilchrist, as an authorized account holder on more than a dozen accounts, including accounts not charged in the Indictment.…

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