United States v. James Steven Carroll

38 F.3d 1218 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Steven CARROLL, Defendant-Appellant. No. 94-50022. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 21, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James Steven Carroll appeals his 21-month sentence imposed following his guilty plea to embezzlement in violation of 18 U.S.C. Secs. 641 , 666(a)(1). Carroll challenges the district court's decision to increase his offense level for abuse of trust and to decline to depart downward. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the application of the Sentencing Guidelines. United States v. Hill, 915 F.2d 502, 505 (9th Cir.1990). 4 The Guidelines provide for a two-level upward adjustment in the offense level if "the defendant abused a position of public or private trust, or used a special skill, in a manner that…