United States v. William Phillip Cuff

William P. Cuff, Jr. appeals his sentence imposed under the United States Sentencing Guidelines following a plea of guilty to theft of mail by a postal employee in violation of 18 U.S.C. § 1709. Cuff contends that the district court erred by adjusting his base offense level upward pursuant to Guidelines § 3B1.3 for abuse of trust. We have jurisdiction under 28 U.S.C. § 1291. We vacate the sentence and remand for resentencing.

Cuff stole a mail pouch containing $164,000 of Federal Reserve Notes while he was employed by the Postal Service to unload mail at a post office loading dock. He contends…