Legal Opinion
United States v. Lloyd Douglas Moore, United States of America v. John James Rawlins
Court of Appeals for the Fourth Circuit
Decided July 14, 1994No. 93-5592, 93-5593PublishedCited by 52 opinions
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge BUTZNER and Judge DOUMAR joined.
OPINION
WILKINSON, Circuit Judge:
This case requires us to decide whether a co-conspirator’s abuse of a position of trust can be attributed to other members of a conspiracy for purposes of applying an enhancement under § 3B1.3 of the Sentencing Guidelines. We hold that “role in the offense” adjustments, such as abuse of trust enhancements, may not be based on a cocon-spirator’s actions, but must instead result from an individualized determination of each…
2Cases cited11 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- United States v. Kenneth Wayne Daughtrey, A/K/A Kenneth Wayne DaughtryCourt of Appeals for the Fourth Circuit · 1989
- United States v. InnamoratiCourt of Appeals for the First Circuit · 1993
- United States v. IrvinCourt of Appeals for the Fourth Circuit · 1993
- United States v. Arthur Howard Hill, AKA Sonny HillCourt of Appeals for the Ninth Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- United States v. Erasto Gomez-JimenezCourt of Appeals for the Fourth Circuit · 2014
- United States v. Glennis L. Bolden, United States of America v. Clifford E. BoldenCourt of Appeals for the Fourth Circuit · 2003
- United States v. Akin Akinkoye, A/K/A A. Sam Akins, United States of America v. Nouyibatou AfolabiCourt of Appeals for the Fourth Circuit · 1999
- Medicare & Medicaid Guide P 43,911 United States of America v. Hakki Adam, A/K/A Baker Hakki AdamCourt of Appeals for the Fourth Circuit · 1995
- United States v. Gary D. Bollin, United States of America v. Ernst N. Tietjen, United States of America v. James GormleyCourt of Appeals for the Fourth Circuit · 2001
47 more not listed; retrieve them via the Exa API.