Can a defendant who abused his position of trust receive a reduced sentence under Section 3B1.3 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S.A. v. Hussey, 254 F.3d 428 (2nd Cir. 2000):
Court erred in applying this sentencing enhancement because they did not "hold" positions of trust within the meaning of Section 3B1.3. To support this argument, they rely on United States v. Echevarria, 33 F.3d 175 (2d Cir. 1994), where we held that an enhancement for abuse of a position of trust is directed at those who "legitimately occupy positions of public or private trust." Id. at 181 (emphasis in original).
We write to clarify the scope of Section 3B1.3 and our holding in Echevarria.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a life sentence under 21.1(a)(1) of the 21.41(b) section of the Criminal Code apply to a defendant's prior criminal convictions? (MultiRegion, United States of America)
What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
How have the courts interpreted Section 894 of the Criminal Code in the context of an allegation that a defendant committed a criminal offence by sealing currency and receiving stolen currency? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
