U.S. v. Fuchs

Dist. Ct. erred in sentencing defendant to 144-month term of incarceration on mail and wire fraud charges stemming from scheme to submit falsified loan applications to lenders where said sentence was based in part on two-level increase for abuse of position of trust under section 3B1.3 of USSG. Abuse-of-trust enhancement did not apply where govt. failed to establish that instant lenders had special relationship of trust with defendant, and that record otherwise showed that lenders and defendant had ordinary arm's length commercial relationship that did not rule out possibility that lenders had failed to do their own due diligence with respect to loan documents submitted by defendant.