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U.S. v. Caplinger, No. 01-4878 (4th Cir.) (339 F.3d 226) (August 11, 2003) (Judge M. Blane Michael)

Here the court vacated an abuse of trust enhancement under U.S.S.G. § 3B1.3 as any trust the investors placed in defendant was not based on a special relationship he had with them as a physician, but on their misplaced belief in his investment abilities.

When sentencing defendant convicted of wire ...

 

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