U.S. v. McFarlane, No. 94-3949NDF (8th Cir.) (64 F.3d 1235) (September 5, 1995) (Judge Harlington Jr. Wood)
This case discusses the split among Circuits regarding the meaning of § 3B1.1 prior to the adoption of Amendment No. 500 on Nov. 1, 1993. That amendment made clear that for an upward adjustment to apply the defendant had to exercise control over other participants; but it made clear that …
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