
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 97-1147                                    UNITED STATES,                                      Appellee,                                          v.                                   DIANE C. EVANS,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF NEW HAMPSHIRE                   [Hon. Joseph A. DiClerico, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                           Stahl and Lynch, Circuit Judges.                                            ______________                                 ____________________            Richard N. Foley on brief for appellant.            ________________            Paul  M.  Gagnon,  United  States  Attorney,  and  Jean  B.  Weld,            ________________                                   ______________        Assistant U.S. Attorney, on brief for appellee.                                 ____________________                                     MAY 8, 1997                                 ____________________                 Per Curiam.   Upon  careful consideration of  the briefs                 __________            and  record, we conclude  that defendant's  sentence properly            was  enhanced for abuse of a position of trust under U.S.S.G.              3B1.3.                   We agree with the district court's interpretation of the            guideline   terms,  and  we  find  no   clear  error  in  its            application of those terms  to the facts  of this case.   See                                                                      ___            United  States v.  Tardiff, 969  F.2d  1283,  1289 (1st  Cir.            ______________     _______            1992).    The enhancement  was fully supported  by a  showing            that defendant's  position "provided the freedom  to commit a            difficult-to-detect  wrong."   See  id.   The district  court                                           ___  __            outlined  the  elements  of defendant's  position  of private            trust with her employer,  her actual use of that  position to            commit and  conceal her  thefts, and  the significant  way in            which that position contributed to  the misconduct, including            her primary and "managerial" responsibility for  two accounts            and her transfers between those accounts to cover her thefts.            See U.S.S.G.    3B1.3, application  note 1; United  States v.            ___                                         ______________            Santiago-Gonzalez, 66 F.3d 3, 8 (1st Cir. 1995).            _________________                 Affirmed.  See 1st Cir. Loc. R. 27.1.                 ________   ___                                         -2-
