United States v. Scungio

LEVIN H. CAMPBELL, Senior Circuit Judge.

John Scungio was convicted on a plea of guilty to making false statements in violation of 18 U.S.C. § 1001. He appeals from his sentence, arguing that the district court erred: (1) by sentencing him under the Obstruction of Justice guideline instead of under the Fraud and Deceit Guideline, see U.S.S.G. § 2F1.1, cmt. n. 14; and (2) by applying a two-level increase in his offense level on the basis of his “special skill” of lawyering, see U.S.S.G. § 3B1.3. Agreeing that the district court erred, we vacate the sentence and remand for resen-tencing.

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