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UNITED STATES v. HOWARD

No. 80-2205.

654 F.2d 522 (1981)

UNITED STATES of America, Appellee, v. James Wayne HOWARD, a/k/a Mark Wayne Howard, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1981.

Rehearing and Rehearing Denied August 20, 1981.

Attorney(s) appearing for the Case

Robert C. Riter, Jr. (argued), Riter, Mayer, Hofer & Riter, Pierre, S. D., for appellant, James Wayne Howard.

Max A. Gors, Pierre, S. D., for amicus curiae The Swift Bird Project.

Terry L. Pechota (argued), U. S. Atty., Sioux Falls, S. D., David L. Zuercher, Asst. U. S. Atty., Pierre, S. D., for appellee.

Before LAY, Chief Judge, STEPHENSON and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 20, 1981.

LAY, Chief Judge.

James Wayne Howard was convicted of burglary by the State of Nebraska in 1975 and confined to the penitentiary in Lincoln, Nebraska. In January 1980 Howard was transferred by Nebraska to the Cheyenne River Swift Bird Project, a minimum security facility located in South Dakota and operated by Native Americans. On May 25, 1980, Howard was issued a temporary pass from the project, but...

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