United States of America, Plaintiff-appellee, v. Tanya Michelle Moore, Defendant-appellant.united States of America, Plaintiff-appellee, v. Wanda Annette Baylor, Defendant-appellant, 935 F.2d 268 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 935 F.2d 268 (4th Cir. 1991) Submitted May 6, 1991. Decided May 31, 1991

Appeals from the United States District Court for the District of Maryland, at Baltimore. M.J. Garbis, District Judge. (CR-90-28)

Fred Warren Bennett, Federal Public Defender, Joseph A. Balter, Assistant Federal Defender, Denise Benvenga, James S. Salkin, Baltimore, Md., for appellants.

Breckinridge L. Willcox, United States Attorney, Christopher B. Mead, Assistant United States Attorney, Baltimore, Md., for appellee.

D. Md.




Tanya Moore and Wanda Baylor each pled guilty to one count of bank embezzlement (18 U.S.C. § 656). They both appeal their sentences; each contends that the district court should have awarded her a two-level reduction in offense level for being a minor participant in the offense. We affirm.

Moore and Baylor worked at the same bank and they cooperated in completing, endorsing and depositing checks stolen by Baylor's husband in the accounts of bank customers. Cash withdrawals were then made from the customer's accounts. Both shared in the money thus acquired, though Baylor and her husband had the larger share. The district court's determination that Moore and Baylor were equally involved in the offense and that neither deserved a minor participant reduction is a factual question reviewed under the clearly erroneous standard. United States v. Sheffer, 896 F.2d 842 (4th Cir.), cert. denied, 59 U.S.L.W. 3246, 3362 (U.S.1990). We find no clear error in the district court's determination in this case.

We therefore affirm the judgment of the district court as to both appellants. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.