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MORELAND v. U.S.

No. 90-5375MN.

968 F.2d 655 (1992)

Robert Scott MORELAND, a/k/a Robert S. Moreland, a/k/a "Bobby", Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Bruce H. Hanley, Minneapolis, Minn., and Glenn A. Shapiro, Omaha, Neb., argued, for appellant.

Joseph D. Wilson, Washington, D.C., argued (Jerome G. Arnold, Lynn A. Zentner and Matthew B. Stege, Minneapolis, Minn., on the brief), for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, McMILLIAN, RICHARD S. ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, and HANSEN, Circuit Judges, En Banc.

MAGILL, Circuit Judge, with whom FAGG, BOWMAN, WOLLMAN, BEAM, and HANSEN, Circuit Judges, join.

The issue in this case is whether a presentence defendant held in a halfway house should receive credit, postconviction, on his sentence under 18 U.S.C. § 3585(b) (1988). Robert Scott Moreland appealed the district court's1 denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2255. A divided panel of this court reversed...

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