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U.S. v. HELTON

No. 91-5805.

953 F.2d 867 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Judith Ann HELTON, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1992.

As Amended February 12, 1992.

Attorney(s) appearing for the Case

Jefferson McClure Gray, Asst. U.S. Atty., argued (Richard D. Bennett, U.S. Atty., on brief), Baltimore, Md., for plaintiff-appellant.

Denise Benvenga, argued (Fred Warren Bennett, Federal Public Defender, on brief), Baltimore, Md., for defendant-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

Judith Ann Helton pled guilty to one count of theft of government property in violation of 18 U.S.C. § 641. At sentencing, the district court ruled that the "abuse of position of trust" enhancement under Sentencing Guideline 3B1.3 did not apply. The government appeals that ruling. Because the district court's finding that Helton did not hold a position of trust was not clearly erroneous, we affirm.

I.

Helton...

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