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U.S. v. HUMBER

No. 00-11054.

255 F.3d 1308 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Wilson HUMBER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 5, 2001.

Attorney(s) appearing for the Case

Brett M. Bloomston, Johnson, Liddon & Tuggle, Birmingham, AL, Brian W. Shaughnessy, Shaughnessy, Borowski & Gagmer, Washington, DC, for Defendant-Appellant.

G. Douglas Jones, U.S. Atty., James E. Phillips, James D. Ingram, Shirley I. McCarty, Birmingham, AL, for Plaintiff-Appellee.

Before EDMONDSON, HILL and GIBSON, Circuit Judges.

HILL, Circuit Judge:

This appeal presents a simple question of first impression in this circuit and apparently all others under the sentencing guidelines: can a defendant who pleads guilty to eighty-three counts of bank fraud, money laundering, forfeiture and tax evasion, involving more than $18,000,000 in embezzled funds and lost interest, receive a two-point enhancement to his base offense level under USSG § 2F1.1(b)(2)(A), for the use of more than minimal...

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