United States v. Godsey, No. 11-2971 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to one count each of bank fraud, access-device fraud, and aggravated identity theft. The district court sentenced her to 54 months' imprisonment and defendant subsequently appealed her sentence. The court held that the district court did not err in applying U.S.S.G. 3B1.3 on the basis that defendant abused the authority of her position in order to use without authority her supervisor's means of identification; the district court did not err by denying defendant an adjustment under U.S.S.G. 3E1.1 for acceptance of responsibility; and the district court did not abuse its discretion in denying defendant a downward variance. Accordingly, the court affirmed the sentence.
Court Description: Criminal case - Sentencing. No error in imposing an enhancement for abuse of a position of trust under Guidelines Sec. 3B1.2; no error in denying an acceptance-of-responsibility reduction under Guidelines Sec. 3E1.1 where defendant also received an enhancement for obstruction of justice; sentence was not unreasonable.
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