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U.S. v. McFARLANE

No. 94-3949NDF.

64 F.3d 1235 (1995)

UNITED STATES of America, Appellee, v. Koby Kirk McFARLANE, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

David J. Huff, argued, Fargo, ND, for appellant.

Keith W. Reisenauer, argued, Fargo, ND, for appellee.

Before FAGG, Circuit Judge, and WOOD, Jr., and JOHN R. GIBSON, Senior Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge:

Koby Kirk McFarlane, Sr., challenges the district court's decision to increase his offense level by three levels for his role as a manager or supervisor of a criminal enterprise involving five or more participants pursuant to U.S.S.G. § 3B1.1(b). For the reasons provided below, we remand for resentencing.

I. BACKGROUND

Law enforcement officials began investigating McFarlane after an informant started making...

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