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No. 8628560
United States Court of Appeals for the Ninth Circuit
United States v. Powderface
No. 8628560 · Decided February 23, 2007
No. 8628560·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 23, 2007
Citation
No. 8628560
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Gregory Powderface appeals from his 18-month sentence imposed following his guilty plea conviction to theft from an Indian Tribal Organization and filing a false tax return, in violation of 18 U.S.C. § 1163 and 26 U.S.C. § 7206 (1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Powderface contends that he did not abuse his position or any special skill to help facilitate or conceal any offense. We disagree and conclude that the district court properly enhanced his sentence pursuant to U.S.S.G. § 3B1.3. See United States v. Hill, 915 F.2d 502, 507-08 (9th Cir.1990) (noting that the relevant question is whether the defendant “was in a superior position as a result of a trust relationship” as compared to “the public at large”). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Gregory Powderface appeals from his 18-month sentence imposed following his guilty plea conviction to theft from an Indian Tribal Organization and filing a false tax return, in violation of 18 U.S.C.
Key Points
01MEMORANDUM ** Gregory Powderface appeals from his 18-month sentence imposed following his guilty plea conviction to theft from an Indian Tribal Organization and filing a false tax return, in violation of 18 U.S.C.
02Powderface contends that he did not abuse his position or any special skill to help facilitate or conceal any offense.
03We disagree and conclude that the district court properly enhanced his sentence pursuant to U.S.S.G.
04Hill, 915 F.2d 502, 507-08 (9th Cir.1990) (noting that the relevant question is whether the defendant “was in a superior position as a result of a trust relationship” as compared to “the public at large”).
Frequently Asked Questions
MEMORANDUM ** Gregory Powderface appeals from his 18-month sentence imposed following his guilty plea conviction to theft from an Indian Tribal Organization and filing a false tax return, in violation of 18 U.S.C.
FlawCheck shows no negative treatment for United States v. Powderface in the current circuit citation data.
This case was decided on February 23, 2007.
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