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U.S. v. MOORE

Nos. 93-5592, 93-5593.

29 F.3d 175 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Lloyd Douglas MOORE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John James RAWLINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

ARGUED: James Patrick Cooney, III, Kennedy, Covington, Lobdell & Hickman, Charlotte, NC, David Carl Cordes, Bailey, Patterson, Caddell, Hart & Bailey, P.A., Charlotte, NC, for appellants. Robert James Conrad, Jr., Asst. U.S. Atty., Charlotte, NC, for appellee. ON BRIEF: Jerry W. Miller, U.S. Atty., Charlotte, NC, for appellant.

Before WILKINSON, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge BUTZNER and Judge DOUMAR joined.

OPINION

WILKINSON, Circuit Judge:

This case requires us to decide whether a co-conspirator's abuse of a position of trust can be attributed to other members of a conspiracy for purposes of applying an enhancement under § 3B1.3 of the Sentencing Guidelines. We hold that "role in the offense" adjustments, such as...

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