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United States Eighth Circuit


US v. Cunningham, 09-1037

Defendant's sentence for fraud or misapplication concerning federal funds is affirmed where: 1) an obstruction of justice enhancement imposed by the district court was appropriate because defendant ordered the destruction of time records that would have shown inconsistencies in reporting practices; 2) the major role enhancement was appropriate because defendant's high-placed role in the scheme was undisputed; and 3) there was no clear error in a district court's finding that defendant's illegal conduct involved more than ten and less than fifty victims.

Appellate Information

  • Decided 02/05/2010
  • Published 02/05/2010

Judges

  • BEAM, Circuit Court Judge., Before BYE, BEAM, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Catherine K. Levine, argued, Des Moines, IA, for Appellant.

  • For Appellees:
  • William C. Purdy, argued, Des Moines, IA, for Appellee.
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