United States v. Ladonna Kay Oliver

HENLEY, Senior Circuit Judge.

A jury found LaDonna Kay Oliver guilty of aiding and abetting the forgery and uttering of a United States Treasury check, in violation of 18 U.S.C. §§ 2, 495 (1988). We affirm the defendant’s conviction but vacate her sentence and remand for new sentencing.

I

Frank L. Givens Sr., a nursing home resident in Fort Smith, Arkansas, always had his monthly Social Security checks sent to his foster daughter, Bessie Travis. When Mrs. Travis received a check, she would go to the nursing home and pay Mr. Givens’s rent. In June of 1988, no check for Mr. Givens arrived at Mrs.…