U.S. v. Wasilewski

Dist. Ct. did not err in sentencing defendant to 6-month term of incarceration followed by two years of supervised release on charge of bank embezzlement after applying two-level enhancement for abuse of position of trust under section 3B1.3 of USSG. Defendant qualified for said enhancement where record showed that defendant was assistant vice-president and assistant manager of bank, whose job duties allowed him access to large sums of money and gave him access to codes that permitted him to steal more than $40,000 after he had disabled bank’s security alarm. Ct. also rejected defendant’s claim that Dist. Ct. was under misimpression that it was required to give defendant term of incarceration.