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KILLS CROW v. UNITED STATES

No. 76-1908.

555 F.2d 183 (1977)

Whitney Paul KILLS CROW, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1977.

Attorney(s) appearing for the Case

Glenda Gordon, U.S. Dept. of Justice, Washington, D. C., for appellant; Richard L. Thornburgh, Asst. Atty. Gen., and George W. Calhoun, Atty., Dept. of Justice, Washington, D. C., on the brief.

John T. Hughes, Sturgis, S. D., on brief for appellee.

Before GIBSON, Chief Judge, and WEBSTER and HENLEY, Circuit Judges.

GIBSON, Chief Judge.

In Kortness v. United States, 514 F.2d 167 (8th Cir. 1975), we ruled that an inmate sentenced under 18 U.S.C. § 4208(a)(2) may be entitled to have his sentence modified under 28 U.S.C. § 2255 if the import of the sentence was changed by parole guidelines promulgated contemporaneous with the imposition of the sentence. Since Kortness, we have observed a proliferation of § 2255 petitions...

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