Section 3B1.3 provides for a two-level sentence enhancement "if the defendant abused a position of public or private trust, or used a special skill, in a manner that significantly facilitated the commission or concealment of the offense." The application note defines a "special skill" as "a skill not possessed by members of the general public and usually requiring substantial education, training or licensing. Examples would include pilots, lawyers, doctors, accountants, chemists, and demolition experts." § 3B1.3, cmt. n. 3.
("[T]he purpose of the [§ 3B1.3 enhancement] is to add to the punishment of those who turn legitimate special skills to the perpetration of evil deeds." (emphasis added)); United States v. Green, 962 F.2d 938, 944 (9th Cir.1992) ("[T]he `special skill' enhancement provision of section 3B1.3 applies only if the defendant employed a `special skill' in the form of a pre-existing, legitimate skill not possessed by the general public to facilitate the commission or concealment of a crime." (internal quotation omitted) (emphasis added)). When read in conjunction with the abuse of a "position of public or private trust" provision, it is clear that a § 3B1.3 "special skill" involves legitimate, socially valuable expertise that a criminal has perverted to uncivilized and illegal ends.
Judge Howard Matz: “I don’t think, as I understand the case, and as I understand these charges that have been filed against KILLERCOPthat the mechanics, the technology, the capacity in a sophisticated way to use computers is really much of an issue in this case.I don’t think that’s what the trial is likely to focus on at all.
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