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Legal Opinion

United States v. Koby Kirk McFarlane Sr.

Court of Appeals for the Eighth Circuit

Decided September 5, 1995No. 94-3949NDFPublishedCited by 32 opinions

1Opinion of the Court

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. § 3Bl.l(b). For the reasons provided below, we remand for resen-tencing.

I. BACKGROUND

Law enforcement officials began investigating McFarlane after an informant started making small purchases of marijuana from him. The officials eventually obtained a warrant to search a storage locker rented by McFarlane under an alias. The…

2Cases cited17 opinions

  1. Stinson v. United StatesSupreme Court of the United States · 1993
  2. United States v. Wilfredo Diaz-VillafaneCourt of Appeals for the First Circuit · 1989
  3. Braxton v. United StatesSupreme Court of the United States · 1991
  4. United States v. Antonio Nonato EvidenteCourt of Appeals for the Eighth Circuit · 1990
  5. United States v. Leonard R. FullerCourt of Appeals for the First Circuit · 1990

12 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. United States v. Thomas Ervin Payne, United States of America v. Christopher FosterCourt of Appeals for the Eighth Circuit · 1997
  2. United States v. Padilla-PenaCourt of Appeals for the Eighth Circuit · 1997
  3. United States v. Steven Triplett, United States of America v. Joseph Lee TriplettCourt of Appeals for the Eighth Circuit · 1997
  4. United States of America v. Thomas P. LalleyCourt of Appeals for the Eighth Circuit · 2001
  5. United States v. CaliCourt of Appeals for the First Circuit · 1996

27 more not listed; retrieve them via the Exa API.

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