United States Ninth Circuit

Extraordinary eyesight cannot be considered a "special skill" supporting a U.S.S.G. section 3B1.3 enhancement in a casino card cheating scheme. Substantial training or education is what makes a skill "special" for purposes of this section; intrinsic physical attributes are not skills, because skills involve proficiency with respect to a discrete task or set of tasks.

Appellate Information

• Decided 03/31/2004
• Published 03/31/2004

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  O'SCANNLAIN, TASHIMA, Circuit Judges, and MATZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Leo P. Flangas and Todd Leventhal (argued), Las Vegas, Nev., for the appellant.


• For Appellees:
  
• Daniel G. Bogden, United States Attorney, Kathleen Bliss, and Justin Roberts (argued), Assistant United States Attorneys, for the appellee.