U.S. v. ETOTY

No. 10-4999.

679 F.3d 292 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Paulette ETOTY, a/k/a Chinyere Etoty, a/k/a Florence Lowell, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 16, 2012.


Attorney(s) appearing for the Case

ARGUED: Martin Bahl , Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Rachel Miller Yasser , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Mushtaq Z. Gunja , Assistant United States Attorney, Aaron Ver , Law Clerk, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge HAMILTON joined. Judge DAVIS wrote an opinion concurring in the judgment.


OPINION

WILKINSON, Circuit Judge:

The defendant, Paulette Etoty, appeals the sentence imposed for her 2010 federal convictions of social security fraud and aggravated identity theft. In particular, Etoty challenges the district court's application of the "vulnerable victim" enhancement in Section 3A1.1(b) of the Sentencing Guidelines. We find no error in the district court's application of the enhancement, and we affirm.

I.

In 1995, Etoty...

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