U.S. v. Broderson, No. 94-1586(L) (2nd Cir.) (67 F.3d 452) (September 29, 1995) (Judge Ralph K. Jr. Winter)
In rejecting an enhancement for abuse of position of trust, the Court observed, inter alia, that "the conduct that is the basis of the conviction must be independently criminal . . . and not itself the abuse of trust." (Id., at 546).
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