Grimes

United States v. Grimes

Good Law
240 F. App'x 220
United States Court of Appeals for the Ninth CircuitAugust 30, 2007No. 06-10595California306 words

Opinion

Lead Opinion

MEMORANDUM ***

Monik Michelle Grimes appeals from her 27-month sentence for wire fraud and aiding and abetting the same, in violation of 18 U.S.C. §§ 1343 and 2, and for making false and fictitious statements to the FBI, in violation of 18 U.S.C. § 1001 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Grimes contends that the district court erred when it imposed a two-level enhancement pursuant to USSG § 3B1.3 for abusing a position of trust. We disagree. Section 3B1.3 of the Guidelines provides for a two-level increase in the offense level if the defendant “abused a position of public or private trust ... in a manner that significantly facilitated the commission or concealment of the offense.” USSG § 3B1.3. “[T]he primary trait that distinguishes a person in a position of trust from one who is not is the extent to which the position provides the freedom to commit a difficult-to-detect wrong.” United States v. Hill, 915 F.2d 502, 506 (9th Cir.1990); see also United States v. Oplinger, 150 *221 F.3d 1061, 1069 (9th Cir.1998). Grimes held a position of trust. See Oplinger, 150 F.3d at 1069 ; Hill, 915 F.2d at 506 .

For the enhancement to apply, the defendant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.