United States v. Heavy Runner

MEMORANDUM

Raymond Montoya (“Appellant Montoya”) appeals the sentence imposed by the district court following his jury convictions for: (1) theft from a health care facility ( 18 U.S.C. § 669 ); (2) theft of federal government money ( 18 U.S.C. § 641 ); and (3) theft from an Indian tribal organization ( 18 U.S.C. § 1163 ). Appellant Montoya contends that the district court erred in: (1) selecting the appropriate offense level for his sentence (U.S.S.G. § 2B1.1); (2) im *492 properly applying the abuse of trust enhancement to his sentence (U.S.S.G. § 3B1.3); and (3) denying him a downward departure for aberrant behavior (U.S.S.G. § 5K2.20).

Alice Heavy Runner (“Appellant Heavy Runner”) also appeals the district court’s sentence imposed upon her after her guilty plea to one count of theft from a health care facility ( 18 U.S.C. § 669 ). Appellant Heavy Runner contends that the district court erred in (1) applying the abuse of trust enhancement to her sentence (U.S.S.G. § 3B1.3) and (2) relying on evidence and facts outside of the record in enhancing her sentence.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s sentences in both of the…