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U.S. v. SHERMAN

No. 97-5514.

160 F.3d 967 (1998)

UNITED STATES of America, v. Henry Miles SHERMAN, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 16, 1998.

Attorney(s) appearing for the Case

Lawrence S. Lustberg (Argued), Mark A. Berman, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, New Jersey, for Appellant.

Faith S. Hochberg, United States Attorney, Elizabeth S. Ferguson (Argued), Assistant United States Attorney, Newark, New Jersey, for Appellee.

Before: SLOVITER and ROTH, Circuit Judges and FULLAM, District Judge

OPINION OF THE COURT

ROTH, Circuit Judge:

In this appeal, we are called on to further clarify the meaning of "a position of public or private trust," and "abuse" thereof in the context of a sentencing enhancement under § 3B1.32 of the United States Sentencing Guidelines. The defendant, Dr. Henry Sherman, pled guilty to 5 counts of mail fraud for mailing bills to a health insurance...

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