Legal Opinion

United States v. Everett Miller

Court of Appeals for the Third Circuit

Decided August 12, 2016No. 15-2577PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

RESTREPO, Circuit Judge.

Appellant Everett C. Miller sold investors over $41 million in phony “promissory notes” and then squandered their money. Miller pled guilty to one count of securities fraud, 15 U.S.C. § 78j(b), and one count of tax evasion, 26 U.S.C. § 7201. He was sentenced to 120 months’ imprisonment. Miller argues that the District Court improperly applied the Sentencing Guidelines investment adviser enhancement, U.S.S.G. § 2Bl.l(b)(19)(A)(iii), because he was not an “investment adviser,” as defined by the Investment Advisers Act of 1940, 15 U.S.C. §…

2Cases cited34 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  5. Puckett v. United StatesSupreme Court of the United States · 2009

29 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. Corey GrantCourt of Appeals for the Third Circuit · 2021
  2. Cognizant Technology Solutions Corp Derivative Lit v.Court of Appeals for the Third Circuit · 2024
  3. Living Benefits Asset Mgmt., L.L.C. v. Kestrel Aircraft Co. (In Re Living Benefits Asset Mgmt., L.L.C.)Court of Appeals for the Fifth Circuit · 2019
  4. United States v. Janet SchonewolfCourt of Appeals for the Third Circuit · 2018
  5. United States v. Joseph Johnson, Jr.Court of Appeals for the Third Circuit · 2021

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API