United States v. Sweet
2011 U.S. App. LEXIS 8
| 6th Cir. | 2011Background
- Sweet, a National City Bank teller in Toledo, held a job with auditing responsibilities and access to vaults.
- A string of cash shortages occurred on days Sweet worked, leading to an internal investigation tying shortages to him.
- Sweet was terminated in March 2009; FBI interview followed in July 2009, initially denying involvement, then admitting theft of about $9–$10k.
- Sweet pleaded guilty to one count of bank embezzlement under 18 U.S.C. § 656; he gave a statement admitting memorized vault codes.
- Pre-sentence report credited the loss as $10,000, recommending a 3B1.3 abuse-of-trust enhancement; overall guideline range was 8–14 months after adjustments.
- District court applied both 3B1.3 and 3C1.1 enhancements; sentenced Sweet to eight months with five years of supervised release and restitution; Sweet appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the abuse-of-trust enhancement applies | Sweet contends he was not beyond an ordinary teller and lacked fiduciary discretion. | Sweet argues position lacked substantial managerial discretion justifying 3B1.3. | 3B1.3 error; not applicable; vacated and remanded |
| Whether obstruction of justice enhancement applies | Sweet denies perjurious sentencing testimony; memory confusion argued. | Sweet asserts no willful perjury or obstruction. | 3C1.1 upheld; obstruction enhancement affirmed |
| Remedies on remand | N/A | N/A | Sentence vacated and remanded for re-sentencing consistent with 3B1.3 ruling |
Key Cases Cited
- United States v. Humphrey, 279 F.3d 372 (6th Cir. 2002) (discretion level governs abuse-of-trust analysis)
- United States v. Ragland, 72 F.3d 500 (6th Cir. 1996) (no abuse-of-trust where position lacks fiduciary discretion)
- United States v. Brogan, 238 F.3d 780 (6th Cir. 2001) (focus on inherent discretion, not mere supervision)
- United States v. Tribble, 206 F.3d 634 (6th Cir. 2000) (post office clerk not fiduciary; not within abuse-of-trust)
- United States v. Jones, 159 F.3d 969 (6th Cir. 1998) (materiality of perjury at sentencing governs obstruction)
- United States v. Boring, 557 F.3d 707 (6th Cir. 2009) (perjury must be shown with identified falsities and material predicates)