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U.S. v. FURLOW

No. 90-2392.

980 F.2d 476 (1992)

UNITED STATES of America, Appellee, v. Randall Dennis FURLOW, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 6, 1992.

Attorney(s) appearing for the Case

Carter C. Law, Federal Public Defender, St. Louis, Mo., argued (Michael Dwyer, Federal Public Defender's Office, on the brief), for appellant.

Audrey Goldstein Fleissig, Asst. U.S. Atty., St. Louis, Mo., argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY and BRIGHT, Senior Circuit Judges, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, and HANSEN, Circuit Judges.

HEANEY, Senior Circuit Judge.

Randall Dennis Furlow raises two sentencing issues in this appeal. He claims that the district court erred by (1) denying him a credit for acceptance of responsibility, and (2) enhancing his sentence based on a finding that Furlow was an organizer or leader of criminal activity. A panel of this court agreed with Furlow and vacated Furlow's sentence, one judge dissenting. United States v. Furlow, 952 F.2d 171

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