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U.S. v. FISHER

No. 93-1295 Conference Calendar.

7 F.3d 69 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Patricia Lynn FISHER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

John Carroll, Jr., Susan Bronstein Dunleavy, Asst. Federal Public Defenders, and Ira Kirkendoll, Federal Public Defender, Dallas, TX, for defendant-appellant.

Paul D. Macaluso, Asst. U.S. Atty. and Richard H. Stephens, U.S. Atty., Dallas, TX, for plaintiff-appellee.

Before POLITZ, Chief Judge, and SMITH and WIENER, Circuit Judges.

PER CURIAM:

Patricia Lynn Fisher pleaded guilty to one count of embezzlement of government property and was sentenced to six months imprisonment, four months home confinement, three years supervised release, and a $50 special assessment.

Fisher argues that U.S.S.G. § 3B1.3 does not apply to convictions for embezzlement because abuse of trust is an essential element of the offense. This Court has implicitly held that § 3B1.3 applies to embezzlement...

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