United States v. Jane Dura Barrie, A/K/A Jane Wotay Dura, A/K/A Jane Wotay Barrie Jane Dura Barrie

267 F.3d 220, 2001 U.S. App. LEXIS 20715, 2001 WL 1110409
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 19, 2001
Docket00-3839
StatusPublished
Cited by9 cases

This text of 267 F.3d 220 (United States v. Jane Dura Barrie, A/K/A Jane Wotay Dura, A/K/A Jane Wotay Barrie Jane Dura Barrie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jane Dura Barrie, A/K/A Jane Wotay Dura, A/K/A Jane Wotay Barrie Jane Dura Barrie, 267 F.3d 220, 2001 U.S. App. LEXIS 20715, 2001 WL 1110409 (3d Cir. 2001).

Opinion

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether the district court erred in enhancing Jane Dura Barrie’s sentencing offense level by four levels for organizing or leading a criminal activity that involved five or more participants. 1 We hold that it did.

Jane Barrie pleaded guilty to knowingly conspiring to transfer identification documents and false identification documents knowing that such documents were produced without lawful authority, 18 U.S.C. § 371 and § 1028(a)(2) (1994). This charge arose from her involvement in a scheme to sell Social Security cards to a number of West African immigrants.

To obtain a valid Social Security card, the applicant must submit an SS-5 form and provide supporting documentation, such as a birth certificate or permanent resident alien card, to verify that the applicant is entitled to a card. A claims representative reviews the form and supporting documentation to verify the applicant’s identity and entitlement to a Social Security card. The SS-5 form is forwarded to a data entry employee who inputs the information into the Social Security Administration’s mainframe computer. A Social Security number and card are then generated and sent to the applicant’s address as listed on the SS-5 form.

Jane Barrie’s daughter Yemma Barrie was employed by the SSA as a clerk typist; one of her duties was entering data from SS-5 forms into the computer. A periodic review revealed that she had pro *222 cessed seventy-three Social Security cards without corresponding SS-5 forms. Investigators discovered that a number of these cards corresponded with applications processed by claims representative Angela Lucas and that Lucas failed to verify the supporting documentation for these and other applications.

Together, Yemma Barrie and Lucas unlawfully issued over 100 Social Security cards. According to an investigation report made part of the record by the district court, Yemma Barrie produced seventy-nine cards and Lucas produced sixty-four. At sentencing, the court found that the activities of Jane Barrie, Yemma Barrie, and Lucas resulted in the issuance of at least 108 Social Security cards. All of the illegally generated cards, both replacement cards for existing Social Security numbers and new cards, were coded as authorized for employment.

Lucas was a friend of Jane Barrie’s. They first met in 1991 when Jane Barrie had contact with her in connection with Social Security benefits Jane Barrie received after the death of her husband. Jane Barrie gave Lucas $200 for helping to issue the illegal Social Security cards.

Yemma Barrie gave written statements to investigators in which she admitted that she illegally generated Social Security cards without applications. She stated that she received no money and that she acted at the request of a “friend.”

Investigators interviewed some of the recipients and would-be recipients of the Social Security cards at issue. Most of those interviewed indicated that Jane Barrie had approached them and offered them “clean” Social Security cards (i.e., cards that could be used to obtain employment) in exchange for money. Jane Barrie charged the recipients approximately $200 to $600 per card. The individuals either filled out SS-5 forms or gave Jane Barrie their personal information. Jane Barrie then forwarded this information to Lucas and Yemma Barrie and asked them to generate the cards. Some paid Jane Barrie and received cards, others paid and received nothing, and others did not pay but still received Social Security cards. Some recipients indicated that Yemma Barrie had gotten them Social Security cards as a favor.

At sentencing, the district court referred to the presentence investigation report, which recommended a four-level increase in Jane Barrie’s offense level for her role as an organizer or leader of a criminal activity that involved five or more participants. The court then read through all of U.S.S.G. § 3B1.1, along with most of the commentary. The court found that Jane Barrie solicited individuals to buy Social Security cards, that she forwarded SS-5 forms to Lucas and Yemma Barrie, and that although she needed Lucas and her daughter, Jane Barrie “ran the show” “in a very significant way.” The court also found that the recipients of the cards were participants in the criminal activity because they had advance knowledge of the crime, had to execute SS 5 forms or provide personal information to Jane Barrie, and expected to receive clean Social Security cards, which the court characterized as the “proceeds” of the crime. The court made no finding on whether the criminal activity was “otherwise extensive.” 2

The base offense level for Jane Barrie’s crime was 11. The district court’s finding that there were more than 99 cards involved in the conspiracy increased the lev *223 el by 9, and its finding that Jane Barrie was an organizer/leader increased the offense level by 4. The district court then reduced the offense level by 3 for acceptance of responsibility, resulting in a total offense level of 21. Since Jane Barrie’s criminal history category was II, this meant a sentencing range of 41 to 51 months. The court sentenced her to 51 months in prison.

We review for clear error the district court’s factual determinations that Jane Barrie was an organizer or leader and that her criminal activity involved five or more participants. See United States v. Helbling, 209 F.3d 226, 242-43 (3d Cir.2000), ce rt. denied, 531 U.S. 1100, 121 S.Ct. 833, 148 L.Ed.2d 715 (2001). We will reverse “only if we are left with a definite and firm conviction that a mistake has been made.” United States v. Dent, 149 F.3d 180, 189 (3d Cir.1998). We may not reverse if the district court’s findings are “plausible in light of the record viewed in its entirety.” Anderson v. City of Bessemer City, 470 U.S. 564, 573-74, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). At the outset, we note that the record in this case consists primarily of a five-and-a-half page report prepared by the SSA’s Office of the Inspector General.

Factors to be considered in determining whether a defendant was an organizer or leader of a criminal activity include

the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.

U.S.S.G. § 3B1.1, comment, (n.4).

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267 F.3d 220, 2001 U.S. App. LEXIS 20715, 2001 WL 1110409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jane-dura-barrie-aka-jane-wotay-dura-aka-jane-wotay-ca3-2001.