United States v. Randall Dennis Furlow

dissenting.

I respectfully dissent. The district court added two points to the offense level for Furlow’s “aggravating role” under guideline section 3B1.1 based on the finding that Furlow had recruited and utilized Cynthia Diane Freeman to perpetrate an identical fraud scheme in Georgia. After asking several rhetorical questions, the court concluded that Furlow’s activities in Missouri and Georgia were “so intertwined and the testimony of the witness ... so positive and so in keeping with the totality of the circumstances,” to be considered “one in the same offense.” The court concluded that…