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U.S. v. TRICE

No. 00-2902WA.

245 F.3d 1041 (2001)

UNITED STATES of America, Appellee, v. Ernest J. TRICE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2001.

Attorney(s) appearing for the Case

George L. Lucas, Assistant Federal Public Defender, Little Rock, AR (Jenniffer Horan, Federal Public Defender, and Dee Studebaker, on the brief), for appellant.

Mark W. Webb, Assistant U.S. Attorney, Fort Smith, AR (P.K. Holmes, U.S. Attorney, on the brief), for appellee.

Before RICHARD S. ARNOLD and FAGG, Circuit Judges, and MONTGOMERY, District Judge.

PER CURIAM.

Ernest J. Trice pleaded guilty to making a fraudulent statement in violation of 18 U.S.C. § 1001. At sentencing, the District Court applied a two level sentence enhancement pursuant to U.S. Sentencing Guidelines Manual § 3B1.3 for abuse of a position of trust. On appeal, Trice challenges the application of the abuse of trust enhancement. We remand for resentencing.

Trice was the President of...

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