United States v. Feaster, No. 14-13978 (11th Cir. 2015)
Annotate this CaseDefendant, convicted of seven felony counts of theft of public money, in violation of 18 U.S.C. 641, asks the court to hold that her seven felony convictions are actually misdemeanor convictions because each separate conviction involves a sum that does not exceed $1,000. Defendant also argued that the district court committed legal error and that it clearly erred when it imposed the sophisticated means enhancement in determining her guidelines level. The court concluded that the unambiguous language of the statute designates all section 641 convictions felonies first and reduces them to misdemeanors second only if the sum of the amounts charged in all of the section 641 convictions in the defendant’s case equals $1,000 or less. The court also concluded that the district court correctly determined defendant's section 641 convictions to be felonies and it did not err or clearly err in applying the sophisticated-means enhancement. Accordingly, the court affirmed the judgment.
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