April 27, 2026·25-30570·Per Curiam·By James Taylor
The Fifth Circuit affirmed a sentence for bank fraud conspiracy where the district court applied vulnerable victim enhancements. The appellate court found the lower court's determination that older bank customers were unusually vulnerable was not clearly erroneous.
Background
Sharmaine Jackson pleaded guilty to conspiracy to commit bank fraud. She appealed her sentence, arguing the district court erred by applying vulnerable victim enhancements under the United States Sentencing Guidelines.
The court’s reasoning
The court reviewed the record and found the district court’s finding that the targets of the scheme were unusually vulnerable was plausible and not clearly erroneous. The targets were older bank customers with large account balances who did not check their accounts frequently.
What it means going forward
The decision reinforces the deference appellate courts give to district courts when finding factual support for vulnerable victim enhancements in fraud cases involving elderly targets.
