U.S. v. FRIEDBERG

Docket No. 08-3763-cr.

558 F.3d 131 (2009)

UNITED STATES of America, Appellee, v. Daniel FRIEDBERG, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 2, 2009.


Attorney(s) appearing for the Case

Elizabeth A. Geddes, Assistant United States Attorney, for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, N.Y. (Emily Berger, on the brief), for Appellee.

George R. Goltzer, Goltzer & Adler, New York, NY, for Defendant-Appellant.

Before: POOLER and KATZMANN, Circuit Judges, PRESKA, District Judge.


PRESKA, District Judge:

Daniel Friedberg pleaded guilty to five counts of tax evasion in violation of 26 U.S.C. § 7201. When calculating the applicable advisory Sentencing Guidelines range, the district court included a two-point increase in offense level for abuse of a position of trust, pursuant to U.S.S.G. § 3B1.3, and sentenced Friedberg to twenty-six months' incarceration. On appeal, Friedberg challenges the abuse of trust enhancement and argues that...

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