U.S. Court of Appeals for the Fifth Circuit, 2003

United States v. Green

United States v. Green
U.S. Court of Appeals for the Fifth Circuit · Decided April 22, 2003

United States v. Green

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 22, 2003 Charles R. Fulbruge III Clerk No. 02-51105 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SUZETTE MICHELE GREEN, also known as Susan B. Green, also known as Susan M. Green, also known as Susan S. Green, also known as S. M. Green, also known as Michele Suzette Green, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. A-02-CR-140-ALL-H -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:* Suzette Michele Green pled guilty to several crimes stemming from a credit fraud scheme. Green contests the sentence imposed, arguing that the district court erred in applying an enhancement for abuse of a position of trust because the government failed to offer sufficient evidence suggesting that her employment with the Internal Revenue Service significantly facilitated her crimes.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 02-51105 -2- The contents of the presentence investigation report are generally of sufficient reliability to be the basis of sentencing. United States v. Taylor, 277 F.3d 721, 724 (5th Cir. 2001). The report indicates that Green used her position to gain information in order to falsify a lease application. Because the presentence investigation report’s account of Green’s abuse of her position of trust bears sufficient indicia of reliability, the district court permissibly relied upon it and its findings of fact are not clearly erroneous.

AFFIRMED.

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