U.S. v. DEAL

No. 97-3764.

147 F.3d 562 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Edward R. DEAL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1998.


Attorney(s) appearing for the Case

Charles E. Ex (argued), Office of the United States Attorney, Criminal Division, Chicago, IL, for Plaintiff-Appellee.

Keith Spielfogel (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and BAUER and KANNE, Circuit Judges.


POSNER, Chief Judge.

The defendant pleaded guilty to having defrauded his employer of more than $200,000 and was sentenced to 18 months in prison. The sentence would have been shorter had the judge not found that Deal had abused a position of trust, U.S.S.G. § 3B1.3, and we must decide whether the finding was clearly erroneous — which depends in turn on the vexed question of what is a "position of public or [in this case] private trust." The guideline...

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