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U.S. v. Trice

United States Court of Appeals, Eighth Circuit
Mar 28, 2001
245 F.3d 1041 (8th Cir. 2001)

Summary

reversing enhancement when defendant only falsely stated on a HUD form that he had never been convicted of a felony; defendant was not in a position of trust vis-a-vis the victim, the United States, and the relationship between defendant and the United States was nothing more than an arm's length business relationship

Summary of this case from Silvers v. United States

Opinion

No. 00-2902WA.

Submitted: March 13, 2001.

Filed: March 28, 2001.

Appeal from the United States Court for the Western District of Arkansas, Robert T. Dawson, J.

George L. Lucas, Assistant Federal Public Defender, Little Rock, AR (Jenniffer Horan, Federal Public Defender, and Dee Studebaker, on the brief), for appellant.

Mark W. Webb, Assistant U.S. Attorney, Fort Smith, AR (P.K. Holmes, U.S. Attorney, on the brief), for appellee.

Before RICHARD S. ARNOLD and FAGG, Circuit Judges, and MONTGOMERY, District Judge.

The Hon. Ann D. Montgomery, United States District Judge for the District of Minnesota, sitting by designation.


Ernest J. Trice pleaded guilty to making a fraudulent statement in violation of 18 U.S.C. § 1001. At sentencing, the District Court applied a two level sentence enhancement pursuant to U.S. Sentencing Guidelines Manual § 3B1.3 for abuse of a position of trust. On appeal, Trice challenges the application of the abuse of trust enhancement. We remand for resentencing.

Trice was the President of the Board of Chaucer Street Apartments, Inc. ("CSAI"), a non-profit corporation formed to build a housing complex for handicapped individuals. Trice, on behalf of CSAI, sought federal funding from the United States Department of Housing and Urban Development ("HUD"). In obtaining this aid, Trice falsely stated on a HUD form that he had never been convicted of a felony. Trice had previously been convicted of the Arkansas Hot Check law, a felony. Trice was indicted on two counts, making a fraudulent statement and embezzlement from a federally funded program in violation of 18 U.S.C. § 666(a)(1)(A). Trice entered a plea of guilty to the fraudulent statement count and the embezzlement count was dismissed at sentencing.

The district court's application of the Sentencing Guidelines is reviewed de novo, and findings of fact are analyzed for clear error. United States v. Hawkey, 148 F.3d 920, 926 (8th Cir. 1998). The U.S. Sentencing Guidelines provide that if the "defendant abused a position of public or private trust . . . in a manner that significantly facilitated the commission or concealment of the offense," the sentence should be increased by 2 levels. U.S.S.G. § 3B1.3. "`[T]he abuse of trust enhancement applies only where the defendant has abused discretionary authority entrusted to the defendant by the victim'; arm's-length business relationships are not available for the application of this enhancement." United States v. Garrison, 133 F.3d 831, 837 (11th Cir. 1998) (quoting United States v. Jolly, 102 F.3d 46, 48 (2d Cir. 1996)).

Here, the victim of Trice's offense, making a fraudulent statement, was the United States. Because Trice was not in a position of trust vis-a-vis the United States, it was error to apply the enhancement. See id. Moreover, the relationship between Trice and the United States was nothing more than an "arm's length business relationship." See id. Accordingly, we remand the case for resentencing.


Summaries of

U.S. v. Trice

United States Court of Appeals, Eighth Circuit
Mar 28, 2001
245 F.3d 1041 (8th Cir. 2001)

reversing enhancement when defendant only falsely stated on a HUD form that he had never been convicted of a felony; defendant was not in a position of trust vis-a-vis the victim, the United States, and the relationship between defendant and the United States was nothing more than an arm's length business relationship

Summary of this case from Silvers v. United States

reversing § 3B1.3 enhancement where defendant was convicted of making false statement in a funding application to HUD submitted pursuant to his employment because defendant "was not in a position of trust vis-a-vis the United States"

Summary of this case from U.S. v. Deprey

In Trice, the defendant, the president of a non-profit corporation formed to build a housing complex for handicapped individuals, pled guilty to making a fraudulent statement in violation of 18 U.S.C. § 1001, after falsely stating on a United States Department of Housing and Urban Development ("HUD") form that he had never been convicted of a felony.

Summary of this case from U.S. v. Hayes

In United States v. Trice, 245 F.3d 1041 (8th Cir. 2001) (per curiam), this court determined that the district court erred in applying the abuse-of-trust enhancement because "the victim of [the defendant's] offense, making a fraudulent statement, was the United States," and the defendant "was not in a position of trust vis-à-vis the United States...."

Summary of this case from U.S. v. Hayes
Case details for

U.S. v. Trice

Case Details

Full title:UNITED STATES of America, Appellee, v. Ernest J. TRICE, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 28, 2001

Citations

245 F.3d 1041 (8th Cir. 2001)

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