[DOWNLOAD] "United States v. Watson" by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Watson
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 29, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Mildred Watson was convicted of larceny of United States property worth less than $100 (18 U.S.C. § 641). She appeals the sentence imposed under the sentencing guidelines, contending that the district court improperly found that the loss exceeded $100 and that her eight-month sentence was cruel and unusual in that she was not given a downward adjustment for acceptance of responsibility. We affirm. Watson worked as a cashier at the Ft. Bragg Officer's Club. She was charged with stealing over $100 from the club on February 12, 1989. On that date she was observed taking money from customers without entering the amounts on the cash register. When arrested, she had $128 in her jacket pocket, including two marked bills given to her by an agent posing as a customer. At trial, she maintained that the money in her pocket (at least, apart from the marked bills) came from other sources. However, on several dates prior to February 12, 1989, she was also observed taking money without entering it on the cash register. The district court determined that the total loss attributable to Watson was over $100. This determination is a factual one, reviewable under the clearly erroneous standard. United States v. Daughtrey, 874 F.2d 213 (4th Cir. 1989). The fact that Watson was found not guilty of stealing over $100 does not change the district court's proper finding. See United States v. Isom, 886 F.2d 736 (4th Cir. 1989).

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