Legal Opinion
United States v. K. Douglas Jolly
Court of Appeals for the Second Circuit
Decided December 5, 1996No. 668, Docket 96-1359PublishedCited by 47 opinions
1Opinion of the Court
WINTER, Circuit Judge.
K. Douglas Jolly appeals from a sentence imposed by Chief Judge McAvoy after Jolly pleaded guilty to mail fraud. Jolly was a corporate president and principal who procured loans to the corporation through fraud.. The district court enhanced Jolly’s offense level for abuse of a position of trust under United States Sentencing Guidelines § 3B1.3. We hold that a person in Jolly’s circumstances is not in a position of trust visa-vis lenders and remand for resentencing.
BACKGROUND
At pertinent times, Jolly was the president and principal of Mierotech Management Services…
2Cases cited11 opinions
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- United States v. Claude Paul TardiffCourt of Appeals for the First Circuit · 1992
- United States of America, Appellee/cross-Appellant v. Howard Broderson, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Second Circuit · 1995
- Zahn v. Transamerica CorporationCourt of Appeals for the Third Circuit · 1947
- Katz v. Oak Industries Inc.Court of Chancery of Delaware · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- United States v. WilliamsCourt of Appeals for the Eleventh Circuit · 2008
- United States v. GarrisonCourt of Appeals for the Eleventh Circuit · 1998
- United States v. John A. CarrozzellaCourt of Appeals for the Second Circuit · 1997
- United States v. SmithCourt of Appeals for the Eleventh Circuit · 2000
- United States v. Gerald HirschCourt of Appeals for the Second Circuit · 2001
42 more not listed; retrieve them via the Exa API.