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  5. 883 F.2d 1382 (1989)
 

U.S. v. GREY BEAR

Nos. 86-5264, 86-5265.

883 F.2d 1382 (1989)

UNITED STATES of America, Appellee, v. Loren 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 August 17, 1989.

Attorney(s) appearing for the Case

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

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

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

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

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

Dennis Fisher, Fargo, N.D., for U.S.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

These appeals arise from the roadside assault and death of Eddie Peltier and the resulting convictions of Richard LaFuente for first-degree murder, John Perez for second-degree murder, Jesse Cavanaugh, Loren Grey Bear and Perez for witness tampering, and Grey Bear and Leonard Fox for perjury. In our earlier panel decision, we held the evidence sufficient to sustain these convictions, but determined that the evidence was insufficient...

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