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U.S. v. GREY BEAR

Nos. 86-5264, 86-5265.

828 F.2d 1286 (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.

Decided September 14, 1987.

Attorney(s) appearing for the Case

Thomas L. Zimney, Grand Forks, N.D., for Cavanaugh.

Allen J. Flaten, Grand Forks, N.D., for Longie.

Allen J. Larivee, Grand Forks, N.D., for Charboneau.

David Thompson, Fargo, N.D., for Grey Bear.

Dennis D. Fisher and Lynn E. Crooks, Asst. U.S. Attys., Fargo, N.D., for appellee.

Bruce E. Bohlman, Grand Forks, N.D., for LaFuente.

M. Daniel Vogel, Fargo, N.D., for Dunn.

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

LAY, Chief Judge.

This appeal arises from the joint trial of eleven defendants charged with the first degree murder of Jerome Edward Peltier on August 28, 1983, on the Devils Lake Indian Reservation. The government alleged that the defendants attacked Peltier at a party at the Juarez residence on the reservation, chased him to a highway, beat him, and left him lying in the road. One of the defendants, Richard John (Ricky) LaFuente, allegedly then drove over Peltier...

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