U.S. v. TAI

No. 13-1998.

750 F.3d 309 (2014)

UNITED STATES of America v. Abdur Razzak TAI, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 30, 2014.


Attorney(s) appearing for the Case

Paul G. Shapiro, Esq. [argued], Office of the United States Attorney, Philadelphia, PA, Counsel for Appellee.

Peter Goldberger, Esq. [argued], Ardmore, PA, Counsel for Appellant.

Before: FUENTES and SHWARTZ, Circuit Judges, and ROSENTHAL, District Judge.


OPINION

SHWARTZ, Circuit Judge.

Defendant Abdur Razzak Tai appeals his conviction and sentence for mail and wire fraud in connection with claims for payment from the Fen-Phen Settlement Trust. Tai argues that the District Court committed plain error by implicitly shifting the burden of proof in its "willful blindness" jury instruction and applying upward adjustments under the advisory Sentencing Guidelines for abuse of a position of trust, use of a special...

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