United States v. Vixamar, No. 11-1217 (1st Cir. 2012)Annotate this Case
In 2009, Vixamar and Saintfleur pled guilty to passport fraud, 18 U.S.C. 1542 and were sentenced to home confinement and probation. Vixamar agreed not to work at any healthcare job that gave her access to patient valuables unless she first told her employer or the patients about her criminal past: 2007 convictions for stealing, forging, and cashing checks from elderly patients. Before long Saintfleur was arrested for depositing a $4,000 check stolen from an elderly, mentally-incompetent hospice patient. Vixamar likely stole the check while working for a healthcare-staffing company, where she did not reveal her criminal past and gave false information. Each was charged with five probation violations. The judge held a hearing, revoked probation, and resentenced each to 36 months in prison (18 U.S.C. 3564(e)) at the top of the guidelines. The judge referenced the U.S.S.G. 3553(a) factors and explained that each had gotten a break earlier and that they are “a menace, a tremendous danger to other people." The First Circuit affirmed.
The court issued a subsequent related opinion or order on June 7, 2012.