Legal Opinion

United States v. Robert J. McMillen

Court of Appeals for the Third Circuit

Decided November 28, 1990No. 90-3079PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The United States appeals the sentence imposed on Robert J. McMillen under the United States Sentencing Guidelines (the “U.S.S.G.”), following a guilty plea, for misapplication of funds by a Savings and Loan employee in violation of 18 U.S.C. § 657. The Government argues that the district court erred in not adjusting McMillen’s sentence upward pursuant to U.S.S.G. § 3B1.3 because he abused a position of private trust in a manner that significantly facilitated the commission of the offense. We agree and will vacate the sentence and remand to the…

2Cases cited11 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. United States v. DiFrancescoSupreme Court of the United States · 1980
  4. United States v. Kenneth Wayne Daughtrey, A/K/A Kenneth Wayne DaughtryCourt of Appeals for the Fourth Circuit · 1989
  5. United States v. Rico, Appeal of Elizabeth Baron, A/K/A "Yolanda Mercado"Court of Appeals for the Second Circuit · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. United States v. Claude Paul TardiffCourt of Appeals for the First Circuit · 1992
  2. United States v. Arthur Howard Hill, AKA Sonny HillCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. Arthur LiebermanCourt of Appeals for the Third Circuit · 1992
  4. United States v. Basil G. GeorgiadisCourt of Appeals for the Third Circuit · 1991
  5. United States v. Juan PardoCourt of Appeals for the Third Circuit · 1994

52 more not listed; retrieve them via the Exa API.

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