Gill

MEMORANDUM **

Jacqueline Sue- Gill pled guilty and was convicted of one count of acquiring and possessing a controlled substance by fraud and deceit, in violation of 21 U.S.C. § 843 (a)(3) (“Count Seven”), and one count of fraudulent use of an access device, in violation of 18 U.S.C. § 1029 (a)(2) (“Count Thirteen”). On appeal, she argues that the district court: (1) erred in refusing to group her offenses under U.S.S.G. § 3D1.2(b); (2) erred in imposing the two-level enhancement for the abuse of a position of trust pursuant to U.S.S.G. § 3B1.3; and (3) violated her rights under Fed. R.Crim.P. 32(c) and her right to due process by failing to give her notice that it was considering the abuse of trust enhancement. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate Gill’s sentence.

I. Grouping of Offenses

We review the district court’s grouping of offenses for sentencing purposes de novo. See United States v. Seesing, 234 F.3d 456, 459 (9th Cir.2000). Gill argues that the district court should have grouped her offenses pursuant to U.S.S.G. § 3D1.2(b), which requires grouping where the offenses involve the same victim and are part of a common criminal objective,…