United States v. Rushton, No. 13-1343 (7th Cir. 2013)
Annotate this CaseDefendant was convicted of charges relating to his operation of a commodity pool that he used as the vehicle for a Ponzi scheme. The government conceded that the judge erred in adding an abuse of trust enhancement in a fraud cause. While conceding the error in the calculation of the guidelines range, the government argued that it was not plain error because defendant did not argue in the district court that it was an error. The government argued that any error in adding the 2-level abuse of trust enhancement was offset by the judge's failure to include a 2-level vulnerable-victim enhancement. Concluding that the judge should have considered the vulnerable-victim enhancement, the court reversed and remanded for resentencing.
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