United States Sixth Circuit

A sentence for bank fraud is vacated where a sentencing enhancement for abusing a position of private trust under U.S.S.G. section 3B1.3 was erroneously applied as defendant did not occupy a position of trust nor possess "special skills".

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

• Before: KENNEDY, MARTIN, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  M. Dianne Smothers, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant.  Victor L. Ivy, Assistant United States Attorney, Jackson, Tennessee, for Appellee.   ON BRIEF:  M. Dianne Smothers, Office of the Federal Public Defender, Memphis, Tennessee, for Appellant.   Victor L. Ivy, Assistant United States Attorney, Jackson, Tennessee, for Appellee.