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PELTIER v. HENMAN

No. 92-1129.

997 F.2d 461 (1993)

Leonard PELTIER, Plaintiff-Appellant, v. G.L. HENMAN, Warden, United States Penitentiary, Leavenworth, Kansas, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1993.

Rehearing and Suggestion for Rehearing Denied August 12, 1993.

Attorney(s) appearing for the Case

Ramsey Clark, New York City, argued, for plaintiff-appellant.

Lynn Crooks, Asst. U.S. Atty., Fargo, ND, argued, for defendant-appellee.

Before McMILLIAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 12, 1993.

FRIEDMAN, Senior Circuit Judge.

For the second time, the appellant, Leonard Peltier, seeks by a proceeding under 28 U.S.C. § 2255 (1988) to set aside his 1977 conviction for the premeditated 1975 murder of two agents of the Federal Bureau of Investigation (FBI) during a shootout between the agents and Native Americans on the Pine Ridge Indian Reservation in South Dakota. The district...

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