United States v. Marcilin Benvin

MEMORANDUM *

Defendant-Appellant Marcilin Benvin (Benvin) appeals from the sentence in the judgment imposed by the district court following her post-indictment guilty plea to one count of embezzlement and theft from an employee benefit plan in violation of 18 U.S.C. § 664. Benvin’s sentence—60 months in prison—was three months above the high end of the applicable advisory guideline range and 14 months above the low end of the guideline range sentence recommended by the plea agreement. On appeal, Benvin argues that the district court committed significant procedural error by considering facts…