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U.S. v. ZEHRUNG

No. 11-1974.

714 F.3d 628 (2013)

UNITED STATES, Appellee, v. Dawn ZEHRUNG, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 18, 2013.

Attorney(s) appearing for the Case

Alexandra Deal , with whom Stern, Shapiro, Weissberg & Garin, LLP, was on brief, for appellant.

Renée M. Bunker , Assistant United States Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief, for appellee.

Before HOWARD, STAHL, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

Dawn Zehrung appeals her 37-month sentence after pleading guilty to violating the federal healthcare-fraud statute, 18 U.S.C. § 1347. She raises one issue: Should the district judge have enhanced her sentence under U.S.S.G. § 3B1.3 for abusing a position of trust?1 In what follows, we explain why a remand for supplemental fact finding is required.

Because...

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