Whether a two-point enhancement for the abuse of position of trust under USSG § 3B1.3 should apply to a vault teller whose job duties do not rise to the level of a fiduciary

QUESTION PRESENTED This is a case of first impression of whether a two-point enhancement for the abuse of position of trust under USSG § 3B1.3 should apply to a vault teller whose job duties do not rise to the level of a fiduciary. The Circuits are split on the determining factors for consideration on whether the sentence enhancement is proper. This Court should establish a bright line rule that a fiduciary duty must exist for the purposes of applying the sentence enhancement. ii LIST OF PROCEEDINGS United States v. Franklin, Appeal number 21-14358-AA (11th Cir. 2022). United States v. Franklin, 2:20-cr-44-LSC-SMD (M.D. AL December 1, 2021). iii