United States Fourth Circuit

When sentencing defendant convicted of wire fraud and money laundering, district court erred in assessing a two-level enhancement under U.S.S.G. section 3B1.3 on the ground that defendant abused a position of trust when he misrepresented himself as a prominent physician in his efforts to attract investors.

Appellate Information

• Decided 08/11/2003
• Published 08/11/2003

Judges

• Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Thomas Kieran Maher, Rudolf, Maher, Widenhouse & Fialko, Chapel Hill, North Carolina, for Appellant.  B. Frederic Williams, Jr., Assistant United States Attorney, Charlotte, North Carolina, for Appellee.   ON BRIEF:Robert J. Conrad, Jr., United States Attorney, Holly A. Pierson, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.