United States v. Denise Marie Katz

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Denise Marie KATZ, Defendant-Appellant. No. 93-10535. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1994. Decided March 31, 1995. Before: CHOY, POOLE, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals Denise Marie Katz's 5-year probationary sentence imposed following her guilty plea to embezzlement by a bank employee in violation of 18 U.S.C. Sec. 656 . The United States contends that the district court erred by: (1) refusing to enhance Katz's offense level for abuse of trust under U.S.S.G. Sec. 3B1.3; (2) granting a downward departure from the applicable Guidelines range; and (3) imposing a term of probation in lieu of imprisonment. We vacate Katz's sentence and remand the case for resentencing. 3 We are unable to determine from the record whether the district court clearly erred by refusing to enhance Katz's…