Legal Opinion

United States v. Edward R. Deal

Court of Appeals for the Seventh Circuit

Decided June 9, 1998No. 97-3764PublishedCited by 27 opinions

1Opinion of the Court

POSNER, Chief Judge.

The defendant pleaded guilty to having defrauded his employer of more than $200,-000 and was sentenced to 18 months in prison. The sentence would have been shorter had the judge not found that Deal had abused a position of trust, U.S.S.G. § 3B1.3, and we must decide whether the finding was clearly erroneous — which depends in turn on the vexed question of what is a “position of public or [in this case] private trust.” The guideline does not define the term, but the commentary to it describes a position of trust as one “characterized by professional or managerial discretion…

2Cases cited8 opinions

  1. United States v. BarakatCourt of Appeals for the Eleventh Circuit · 1997
  2. United States v. Salvador EchevarriaCourt of Appeals for the Second Circuit · 1994
  3. Fed. Sec. L. Rep. P 97,739 United States of America v. Walter Ray QueenCourt of Appeals for the Tenth Circuit · 1993
  4. United States v. GillCourt of Appeals for the First Circuit · 1996
  5. United States v. BarnesCourt of Appeals for the Ninth Circuit · 1997

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

3Cited by27 opinions

  1. United States v. John Michael IannoneCourt of Appeals for the Third Circuit · 1999
  2. United States v. Alex SierraCourt of Appeals for the Seventh Circuit · 1999
  3. United States v. John G. GelleneCourt of Appeals for the Seventh Circuit · 1999
  4. United States v. Eduardo Manalo TiojancoCourt of Appeals for the Seventh Circuit · 2002
  5. Hytel Group, Inc. v. ButlerAppellate Court of Illinois · 2010

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

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