DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073760P.pdf 12/24/2008 United States v. Cheryl Moten
U.S. Court of Appeals Case No: 07-3760
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Loken, Author, with Ebel and Colloton, Circuit Judges]
Criminal case - criminal law and sentencing. While the statements
defendant gave at a termination hearing investigating misappropriation of
funds were compelled, the district court did not err in finding, after a
Kastigar hearing, that the information obtained by the FBI was derived
from independent sources and that no testimony by the government's
witnesses was tainted by defendant's compelled statements; no error in
imposing a two-level enhancement under Guidelines Sec. 3B1.3 for abuse
of a position of trust; no error in making defendant jointly and severally
liable with her co-defendants for repayment of the misappropriated funds,
as she was personally responsible for the state's loss, whether or not she
personally benefitted from the misappropriations.