U.S. v. Hill

Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration on charge of attempted extortion based on defendant's demands for bribes and other considerations in exchange of his recommended approval of liquor license applications arising out of his position as deputy liquor commissioner, where Dist. Ct. imposed 4-level enhancement under section 2C1.1(b)(3) of USSG. While defendant argued that enhancement was improper since he was neither high-level decision-maker nor person in sensitive position, Ct. of Appeals found that said enhancement was proper because defendant exercised substantial influence with respect to issuance of liquor licenses by mayor that qualified him for enhancement as person in sensitive position. Moreover, Dist. Ct. did not err in imposing above-guideline range sentence where record showed that defendant continued to collect unemployment after he was discharged and after he was found guilty of instant charge, and where defendant used his position in attempt to obtain sexual favors as precondition for obtaining license.