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U.S. v. GREY BEAR

Nos. 86-5264, 86-5265.

863 F.2d 572 (1988)

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 December 13, 1988.

Attorney(s) appearing for the Case

Jonathan T. Garaas, Fargo, N.D., for LaFuente.

Mark Fraase, Fargo, N.D., for Fox.

Warren Sogard, Fargo, N.D., for Perez.

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

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

Norman Anderson, Asst. U.S. Atty., Fargo, N.D., for appellee.

Before LAY, Chief Judge, and HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges.

PER CURIAM.

This matter comes before the court en banc after a rehearing en banc on the panel's order granting a new trial based on misjoinder of the defendants under Federal Rule of Criminal Procedure 8(b). The en banc court is divided five-to-five on the issue of whether misjoinder occurred and therefore the district court's order finding joinder proper is affirmed based on the equally divided vote of the court en banc. The portions of the court's earlier opinion...

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