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UNITED STATES v. BLUE THUNDER

78-1734, 79-1060.

604 F.2d 550 (1979)

UNITED STATES of America, Appellee, v. James David BLUE THUNDER, Appellant (two cases).

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1979.

Rehearing Denied September 11, 1979.

Certiorari Denied October 9, 1979.

Attorney(s) appearing for the Case

Wayne F. Gilbert, Gunderson, Farrar, Aldrich, Ward & DeMersseman, Rapid City, S.D., for appellant; James David Blue Thunder, appellant, filed brief pro se.

Jeffrey L. Viken, Asst. U.S. Atty., Sioux Falls, S.D., for appellee; Robert D. Hiaring, U.S. Atty., and Gary G. Colbath, Asst. U.S. Atty., Sioux Falls, S.D., on the brief.

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

Certiorari Denied October 9, 1979. See 100 S.Ct. 215.

HENLEY, Circuit Judge.

James David Blue Thunder was convicted of first degree murder under provisions of 18 U.S.C. §§ 1111 and 1153 for stabbing to death with a butcher knife one Theresa Sands Blue Thunder who once had been his wife. He was sentenced by the district court1 to life imprisonment. His appeal from that conviction and sentence, No. 78-1734, was filed with...

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