Legal Opinion

United States v. Douglas Lumir Stolba

Court of Appeals for the Eighth Circuit

Decided February 10, 2004No. 03-1817PublishedCited by 13 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Douglas Stolba, an investment advisor who embezzled his clients’ funds and provided them with fraudulent account statements over a period of twenty-six years, pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. § 1341. At sentencing, the district court imposed an upward adjustment pursuant to § 3C1.1 of the United States Sentencing Guidelines, from which Mr. Stolba now appeals. Because Mr. Stolba’s obstructive conduct un-disputedly occurred before any official investigation of his mail fraud offenses, we vacate the sentence and remand for…

2Cases cited8 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. Marion S. Barry, Jr.Court of Appeals for the D.C. Circuit · 1991
  3. United States v. Larry Wayne HankinsCourt of Appeals for the Eighth Circuit · 1991
  4. United States v. Michael Len OrchardCourt of Appeals for the Eighth Circuit · 2003
  5. United States of America, Cross-Appellee v. Mark James Oppedahl, Cross-AppellantCourt of Appeals for the Eighth Circuit · 1993

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3Cited by13 opinions

  1. United States v. NacchioCourt of Appeals for the Tenth Circuit · 2009
  2. United States of America, Appellee/cross-Appellant v. Tyler Water, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. Martel MorganCourt of Appeals for the Eighth Circuit · 2004
  4. United States v. John Jeffery DavisCourt of Appeals for the Eighth Circuit · 2004
  5. United States v. Maynard F. Brown, United States of America v. David L. Deputy, United States of America v. Monty CamdenCourt of Appeals for the Eighth Circuit · 2006

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