Attorney(s) appearing for the Case
Philip P. Simon, Asst. U.S. Atty. (argued), Dyer, IN, for plaintiff-appellant.
Forrest Bowman, Jr. (argued), Forrest Bowman, III, Bowman, Emery & Hill, Indianapolis, IN, for defendant-appellee.
Before RIPPLE, ALARCON, and MANION, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
ALARCON, Senior Circuit Judge.
Michael E. Stewart pleaded guilty to two counts of mail fraud in violation of 18 U.S.C. § 1341 and was sentenced to a twenty-one month prison term. The Government appeals from the order imposing sentence. The Government contends that the district court clearly erred in finding (1) that Stewart had not abused a position of private trust in a manner that significantly facilitated the commission and concealment of the offense within...
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