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LINDHORST v. UNITED STATES

No. 80-1883.

658 F.2d 598 (1981)

Richard Bernard LINDHORST, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1981.

Attorney(s) appearing for the Case

Jack S. Nordby (appointed by the court), Minneapolis, Minn., for appellant.

Roxanne Barton Conlin, U. S. Atty., Terry Wright, Asst. U. S. Atty., argued, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and LARSON, Senior District Judge.

McMILLIAN, Circuit Judge.

Richard Bernard Lindhorst, Jr., appeals from the district court's1 denial of his 28 U.S.C. § 2255 motion to vacate sentence following an evidentiary hearing. For reversal appellant argues the district court erred in denying him a new trial on the grounds of (1) the government's knowing use of the perjured testimony of the DeSherlia brothers, (2) newly discovered evidence that two government witnesses committed...

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