United States v. Nichols

Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 96-2306

UNITED STATES,

Appellee,

v.

RONDA R. NICHOLS, A/K/A RONDA R. BURKE,

Defendant, Appellant.

ERRATA SHEET

The opinion of this court issued on April 8, 1997 is amended as follows:

On cover sheet, the name of "[Hon. David M. Cohen, U.S. Magistrate Judge]" should be changed to read "[Hon. D. Brock Hornby, U.S. District Judge]."

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. D. Brock Hornby, U.S. District Judge]

Before

Torruella, Chief Judge,

Campbell, Senior Circuit Judge,

and Boudin, Circuit Judge.

Tina Schneider on brief for appellant.

Jay P. McCloskey, United States Attorney, F. Mark Terison and

Donald E. Clark, Assistant United States Attorneys, on brief for

appellee.

April 8, 1997

Per Curiam. Upon careful consideration of the briefs

and record, we conclude that defendant's sentence properly

was enhanced under U.S.S.G. 3A1.1(b). The district court's

findings adequately pointed to the victim's particular

vulnerability, including her advanced age and inability to

keep track of her finances, and to defendant's knowledge

thereof during the extended period of the offense. Those

findings were not clearly erroneous and sufficiently

supported the 3A1.1(b) enhancement. See United States v.

Feldman, 83 F.3d 9, 15-17 (1st Cir. 1996).

Affirmed. See 1st Cir. Loc. R. 27.1.

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