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U.S. v. KIRKEBY

No. 93-1358.

11 F.3d 777 (1993)

UNITED STATES of America, Appellant, v. Robert G. KIRKEBY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1993.

Attorney(s) appearing for the Case

Keith William Reisenauer, Fargo, ND, argued, for appellant.

Michael Charles O'Neel, Fargo, ND, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, and HEANEY and ROSS, Senior Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The federal government appeals Robert Kirkeby's sentence, contending that the trial court improperly calculated Mr. Kirkeby's offense level under the federal sentencing guidelines by applying an enhancement of only two levels, rather than three, for Mr. Kirkeby's aggravating role in the offense. See U.S.S.G. § 3B1.1. We reverse the trial court and remand the case for resentencing.

I.

Robert Kirkeby...

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