(DOWNLOAD) "United States v. Iloani" by Fifth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Iloani
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 11, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Following his conviction for mail fraud under 18 U.S.C. § 1341, Dr. David Iloani raises a number of issues on appeal. He claims that: (1) the Government breached its plea agreement with him; (2) the district court erred in denying a downward departure for acceptance of responsibility; (3) the district court erred in imposing a two-level upward adjustment for abuse of a position of trust; (4) the district court erred in imposing a four-level adjustment based on its determination that the loss exceeded $20,000.00; and (5) the district court erred in denying him a downward departure for aberrant behavior. After reviewing the briefs, we find that issue (3) above is the only issue that merits Discussion. We therefore consider the propriety of the district courts imposition of an "abuse of trust" sentencing enhancement pursuant to § 3B1.3 of the United States Sentencing Guidelines.
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