United States v. Green

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 22, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-51105
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SUZETTE MICHELE GREEN,
also known as Susan B. Green,
also known as Susan M. Green,
also known as Susan S. Green,
also known as S. M. Green,
also known as Michele Suzette Green,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CR-140-ALL-H
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Suzette Michele Green pled guilty to several crimes stemming
from a credit fraud scheme. Green contests the sentence imposed,
arguing that the district court erred in applying an enhancement
for abuse of a position of trust because the government failed to
offer sufficient evidence suggesting that her employment with the
Internal Revenue Service significantly facilitated her crimes.

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No. 02-51105
-2-
The contents of the presentence investigation report are
generally of sufficient reliability to be the basis of
sentencing. United States v. Taylor, 277 F.3d 721, 724 (5th Cir.
2001). The report indicates that Green used her position to gain
information in order to falsify a lease application. Because the
presentence investigation report’s account of Green’s abuse of
her position of trust bears sufficient indicia of reliability,
the district court permissibly relied upon it and its findings of
fact are not clearly erroneous.
AFFIRMED.

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