Paul
United States v. Paul
Opinion
Lead Opinion
MEMORANDUM *
Patricia Betterman Paul appeals her conviction of theft from a local government receiving federal funding, in violation of 18 *354 U.S.C. § 666 (a)(1)(A), as well as her accompanying 16-month sentence. Because the parties are aware of the pertinent facts, we do not separately recite them here. We affirm Paul’s conviction, vacate her sentence, and remand for resentencing.
The district court had proper subject matter jurisdiction despite its aggregation of the amounts of the checks to reach the $5000 threshold requirement of 18 U.S.C. § 666 (a)(l)(A)(i). See United States v. Cruzado-Laureano, 404 F.3d 470, 484 (1st Cir.2005); United States v. Sanderson, 966 F.2d 184, 189 (6th Cir.1992). Even assuming that alleging a common criminal scheme is a prerequisite to allowing aggregation, the indictment adequately alleges such a scheme, and the government presented sufficient evidence at trial to support the guilty verdict regarding that common scheme.
The bona fide wages exception set forth in 18 U.S.C. § 666 (c) is inapplicable to this case. Although she may have been entitled to overtime compensation, Paul admittedly misappropriated the funds in an unauthorized manner and…