Legal Opinion
United States v. Zehrung
Court of Appeals for the First Circuit
Decided April 18, 2013No. 11-1974PublishedCited by 13 opinions
1Opinion of the Court
THOMPSON, Circuit Judge.
Dawn Zehrung appeals her 37-month sentence after pleading guilty to violating the federal healthcare-fraud statute, 18 U.S.C. § 1347. She raises one issue: Should the district judge have enhanced her sentence under U.S.S.G. § 3B1.3 for abusing a position of trust? 1 In what follows, we explain why a remand for supplemental fact finding is required.
Because there was no trial, we draw the facts primarily from the presentence report and from the sentencing-hearing transcript and submissions. See, e.g., United States v. Anonymous Defendant, 629 F.3d 68, 71 (1st Cir.2010).…
2Cases cited16 opinions
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. Fernandez-CabreraCourt of Appeals for the First Circuit · 2010
- United States v. MorganCourt of Appeals for the First Circuit · 2004
- United States v. GerhardCourt of Appeals for the First Circuit · 2010
- United States v. VanCourt of Appeals for the First Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. GeorgeCourt of Appeals for the First Circuit · 2014
- United States v. Garcia-SierraCourt of Appeals for the First Circuit · 2021
- United States v. RomeroCourt of Appeals for the First Circuit · 2018
- United States v. MatthewsCourt of Appeals for the First Circuit · 2014
- United States v. Jamel BrownCourt of Appeals for the Seventh Circuit · 2013
8 more not listed; retrieve them via the Exa API.