No. 94-1024.

33 F.3d 764 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Michael E. STEWART, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1994.

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.

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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