United States v. Brack, No. 10-4493 (4th Cir. 2011)
Annotate this CaseDefendant pled guilty to one count of wire fraud and one count of aggravated felony theft where she posed as a bail bondsman at a North Carolina jail and secured identifying information, cash, and the title of two properties from an octogenarian attempting to post bond for his granddaughter. At issue was whether an abuse-of-trust enhancement was properly applied to defendant's sentence where defendant contended that a bail bondsman did not occupy a position of public or private trust. The court held that the Guidelines simply required that a position of trust "significantly facilitate[] the commission or concealment of the offense." The court also held that, because it was undisputed that defendant gained initial access to the octogenarian's personal information by posing as a bail bondsman and later used this information to commit her wire-fraud offenses, that standard was clearly met here. Therefore, the district court did not err, plainly or otherwise, in imposing the enhancement for abuse of trust. Accordingly, the judgment of the district court was affirmed.
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