United States v. Griffith

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Pending before the Court are the Sentencing Guidelines determinations in this *729matter. For the reasons discussed herein, the Court finds that an enhancement pertaining to loss under U.S.S.G. § 2B 1.1(b)(1) and the two-level enhancement for abuse of position of trust.under U.S.S.G. § 3B1.3 are inapplicable in this case. ■

I. Background

This case arises out of a series of kickback schemes that centered primarily at the Mountain Laurel Mining Complex (“Mountain Laurel”) in Logan County, West Virginia. Mountain Laurel is owned by Mingo…