United States v. Robert J. McMillen
Court of Appeals for the Third Circuit
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
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. DiFrancescoSupreme Court of the United States · 1980
- United States v. Kenneth Wayne Daughtrey, A/K/A Kenneth Wayne DaughtryCourt of Appeals for the Fourth Circuit · 1989
- United States v. Rico, Appeal of Elizabeth Baron, A/K/A "Yolanda Mercado"Court of Appeals for the Second Circuit · 1990
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3Cited by57 opinions
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- United States v. Arthur LiebermanCourt of Appeals for the Third Circuit · 1992
- United States v. Basil G. GeorgiadisCourt of Appeals for the Third Circuit · 1991
- United States v. Juan PardoCourt of Appeals for the Third Circuit · 1994
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