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U.S. v. GREY BEAR

Nos. 86-5264, 86-5265.

836 F.2d 1086 (1987)

UNITED STATES of America, Appellee, v. Loren Michael GREY BEAR, Tayron Dale Dunn, a/k/a Terry Dunn, Leonard George Fox and John Emmanuel Perez, a/k/a John Perez, Appellants. UNITED STATES of America, Appellee, v. Jesse Dean CAVANAUGH, Paul Henry Cavanaugh, Maynard James Dunn, Timothy Sylvester Longie, Jr., Roger Darrel Charboneau, Dwayne Allen Charboneau, Richard John LaFuente, a/k/a Ricky LaFuente, Appellants.

United States Court of Appeals, Eighth Circuit.

December 31, 1987.

Attorney(s) appearing for the Case

Rodney S. Webb, U.S. Atty., Dennis D. Fisher, Norman G. Anderson and Lynn E. Crooks, Asst. U.S. Attys., Fargo, N.D., for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and ROSENN, Senior Circuit Judge.

PER CURIAM.

This matter comes before the panel on a petition for rehearing. The government raises two issues: (1) Whether this court will remand to the trial court to enter judgment on an "implied verdict" on lesser included charges, or alternatively, instruct the trial court that the government may retry some of the defendants for assault resulting in serious bodily injury; and (2) whether this court's opinion conforms with Eighth Circuit and Supreme Court cases...

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