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UNITED STATES v. DION

Nos. 83-2353, 83-2521, 83-2538, 83-2543 and 83-2544.

800 F.2d 771 (1986)

UNITED STATES of America, Appellant, v. Dwight DION, Sr., Appellee. UNITED STATES of America, Appellee, v. Asa PRIMEAUX, Sr., Appellant. UNITED STATES of America, Appellee, v. Dwight DION, Sr., Appellant. UNITED STATES of America, Appellee, v. Lyle DION, Appellant. UNITED STATES of America, Appellee, v. Terry Fool BULL, Appellant.

United States Court of Appeals, Eighth Circuit.

September 10, 1986.

Attorney(s) appearing for the Case

John N. Gridley, William D. Kenyon, Richard Johnson and Michael H. Dow, Sioux Falls, S.D., for defendants.

James C. Kilbourne, Claire L. McGuire and Bonnie P. Ulrich, Washington, D.C., for U.S.

Before HEANEY, Circuit Judge, BRIGHT, Senior Circuit Judge, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges, en banc.

Prior reports: 8th Cir., 752 F.2d 1261; 762 F.2d 674; ___ U.S. ___, 106 S.Ct. 2216, 90 L.Ed.2d 767.

ORDER

Pursuant to the Supreme Court's decision in this case, we now affirm Dwight Dion's conviction on counts 8 and 10 and reverse the district court's pre-trial dismissal of count 12. This court's previous affirmance of Dwight Dion's conviction on counts 3, 4, 5, 6, 9, 11, 13 and 14 and reversal...

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