## Facts

- Jonathan Feldman worked as an in-home attendant for Norman and Eleanor Rabb from May to October 1993.
- The Rabbs were in their eighties; Mr. Rabb had failing health and a deteriorating mental condition, and the couple relied on others to manage household finances.
- Feldman obtained the Rabbs’ financial identifiers, including Mr. Rabb’s Social Security number and account numbers for a trust account and a checking account.
- After leaving their employ, Feldman impersonated Mr. Rabb and used forged and related methods to withdraw funds from both accounts.
- To conceal the scheme, Feldman filed change-of-address forms directing the Rabbs’ business mail to Feldman’s residence, retained incriminating mail (including account statements), and forwarded other mail to reduce suspicion.
- Feldman stole approximately $139,972 from the trust account and $59,423.68 from the checking account.
- Feldman pleaded guilty to a twelve-count indictment charging mail fraud, wire fraud, interstate transportation of stolen property, and misuse of a Social Security number.
- At sentencing, the district court applied a two-level obstruction enhancement and a two-level vulnerable-victim enhancement, producing a guideline range of 30–37 months and a 33-month sentence.
- After learning of an FBI investigation, Feldman burned documents; the parties disputed whether the documents were financial records or drafts of a will and apology letters.

## Issues

1. Whether a two-level obstruction-of-justice enhancement under U.S.S.G. § 3C1.1 was proper where Feldman destroyed documents after learning of an FBI investigation, despite a dispute about which documents were destroyed.
2. Whether a two-level vulnerable-victim enhancement under U.S.S.G. § 3A1.1 was proper where the victims were elderly with individualized impairments, and whether Feldman knew or should have known of and exploited their vulnerability.

## Decision

- The First Circuit affirmed the sentence.
- The court upheld the obstruction enhancement because destroying documents after learning of an investigation is obstructive conduct within § 3C1.1, and the disputed details about the documents’ precise character were not material to applying the guideline.
- The court upheld the vulnerable-victim enhancement because the Rabbs’ conditions and dependence showed unusual vulnerability beyond age alone, and Feldman knew or should have known of that susceptibility from his time in their home and exploited it in committing and concealing the fraud.

## Legal Principles

- U.S.S.G. § 3C1.1 applies when a defendant intentionally destroys documents after learning of an investigation in a manner that can reasonably be inferred to hinder the investigation or prosecution.
- A sentencing court need not resolve a factual dispute at sentencing if the disputed detail is not material to the guideline calculation and the court does not rely on it.
- U.S.S.G. § 3A1.1 requires evidence of vulnerability beyond mere membership in a large class (such as “the elderly”); the court must identify a specific weakness that the defendant exploited.
- § 3A1.1 does not require proof that the defendant initially selected the victim because of vulnerability; it is sufficient that the defendant knew or should have known of the unusual susceptibility and used it in the offense conduct.

## Conclusion

The First Circuit affirmed Feldman’s 33-month sentence, holding that post-investigation document destruction supported an obstruction enhancement and that the Rabbs’ individualized impairments and dependence—known to Feldman through his caregiving role—supported a vulnerable-victim enhancement.


United States v. Feldman, 83 F.3d 9 (1st Cir. 1996)