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U.S. v. CRUZ

No. 02-2728.

317 F.3d 763 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Carmen CRUZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 2003.

Attorney(s) appearing for the Case

Deborah Steiner (argued), Office of U.S. Attorney, Chicago, IL, for Plaintiff-Appellee.

Steven Shobat (argued), Chicago, IL, for Defendant-Appellant.

Before FLAUM, Chief Judge, and POSNER, and WILLIAMS, Circuit Judges.

FLAUM, Chief Judge.

Defendant Carmen Cruz pleaded guilty to one count of bank fraud under 18 U.S.C. § 1344 for forging and cashing false checks in the name of her employer's company. The district court enhanced her sentence by two levels under U.S.S.G. § 3B1.3 because it found Cruz had abused a position of trust in committing her crime. Cruz appeals the enhancement and argues she did not have the requisite discretion and authority in her office manager position...

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