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U.S. v. WEST

No. 94-3094.

56 F.3d 216 (1995)

UNITED STATES of America, Appellee, v. Gary Stephen WEST, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Attorney(s) appearing for the Case

A.J. Kramer, Federal Public Defender, Washington, DC, argued the cause and filed the briefs, for appellant.

Barbara A. Grewe, Asst. U.S. Atty., Washington, DC, argued the cause, for appellee. With her on the brief were Eric H. Holder, Jr., U.S. Atty., John R. Fisher, Elizabeth Trosman and David H. Baum, Asst. U.S. Attys., Washington, DC.

Before: EDWARDS, Chief Judge, WALD and GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge WALD.

HARRY T. EDWARDS, Chief Judge:

Appellant Gary S. West challenges the District Court's two-point upward adjustment of his sentence, pursuant to section 3B1.3 of the federal Sentencing Guidelines ("Guidelines"), for allegedly abusing a position of private trust. West pleaded guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344...

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