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U.S. v. MAKES ROOM

No. 94-2686.

49 F.3d 410 (1995)

UNITED STATES of America, Appellee, v. Willard MAKES ROOM For Them, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1995.

Attorney(s) appearing for the Case

Robert Anderson, Pierre, SD, argued, for appellant.

Dennis R. Holmes, Pierre, SD, argued, for appellee.

Before MAGILL, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LOKEN, Circuit Judge.

MAGILL, Circuit Judge.

Willard Makes Room For Them, Jr. (Makes Room), appeals his conviction and sentence for second degree murder, presenting five issues on appeal. We affirm the conviction and sentence in all respects save one. We reverse the two level enhancement under U.S.S.G. § 3B1.1(c) for leadership role and remand for resentencing.

I. BACKGROUND

This case arises from an unfortunate mix of juveniles,1 alcohol...

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