United States v. Kymm Elizabeth Hipenbecker

MAGILL, Circuit Judge.

Kymm E. Hipenbecker pled guilty in the district court 2 to the theft and conversion of an annuity and a certificate of deposit, in violation of 18 U.S.C. § 2314 (1988 & Supp. Ill 1991). While free on bond prior to her sentencing, Hipenbecker embezzled funds from her employer. Because Hipenbecker committed this crime while free on bond, the district court during sentencing declined to make a U.S.S.G. § 3E1.1 acceptance-of-responsibility downward sentencing adjustment and also made a U.S.S.G. § 5K2.0 upward sentencing departure. Hipenbecker appeals her sentence, arguing…