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U.S. v. EAGLE ELK

No. 86-5339.

820 F.2d 959 (1987)

UNITED STATES of America, Appellee, v. Roger EAGLE ELK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1987.

Rehearing and Rehearing Denied July 15, 1987.

Attorney(s) appearing for the Case

Robert C. Riter, Jr., Pierre, S.D., for appellant.

Philip N. Hogan, U.S. Atty., Pierre, S.D., for appellee.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 15, 1987.

MAGILL, Circuit Judge.

Roger Eagle Elk appeals from the district court's1 order denying his 28 U.S.C. § 2255 petition for writ of habeas corpus. He argues that the conviction underlying his incarceration was not necessarily based upon a unanimous jury verdict, in violation of his sixth amendment right to a trial by jury. We affirm.

I. BACKGROUND.

On October...

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