United States Eleventh Circuit

Failure to advise defendant of the possibility of restitution before accepting his guilty plea did not impact his substantial rights, where he was warned of a potential fine larger than the actual amount of restitution ordered; where defendant, a non-practicing attorney convicted of investment fraud, did not have an attorney-client relationship with the victims, the application of "violating a position of trust" enhancement was not proper, even though he used an attorney trust account in the crime.

Appellate Information

• Decided 03/28/2002
• Published 03/28/2002

Judges

• KRAVITCH, Circuit Judge:, Before BARKETT, HULL and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Craig L. Crawford (Court-Appointed), Orlando, FL, for Defendant-Appellant., Terry Flynn, Tallahassee, FL, R. Jerome Sanford, Gainesville, FL, Pamela A. Moine, Pensacola, FL, for Plaintiff-Appellee.