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U.S. v. GREY BEAR

836 F.2d 1088 (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.

ON PETITION FOR REHEARING EN BANC

The petition of the United States for a rehearing en banc as to the panel's finding of prejudicial misjoinder under Fed.R. Crim.P. 8(b), 828 F.2d 1286, is hereby granted. The portions of the court's opinion designated as III, IIIA, and IIIB are vacated. The remainder of the panel's opinion and judgment on all other issues shall remain in effect; the mandate as to each of the appellants not affected...

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