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WARING v. DELO

No. 92-2741.

7 F.3d 753 (1993)

Walter Dean WARING, Plaintiff-Appellee, v. Paul DELO, Superintendent, Potosi Correctional Center, Missouri Department of Corrections, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 15, 1993.

Rehearing and Suggestion for Rehearing Denied November 22, 1993.

Attorney(s) appearing for the Case

Ronald L. Jurgeson, Kansas City, MO, argued (William L. Webster and Ronald L. Jurgeson, on the brief), for defendant-appellant.

Michael T. Halloran, Kansas City, MO, argued, for plaintiff-appellee.

Before JOHN R. GIBSON, LOKEN, and HANSEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 22, 1993*.

LOKEN, Circuit Judge.

The State of Missouri appeals a writ of habeas corpus. The district court granted the writ to petitioner Walter Dean Waring on the ground that the ten-year sentence imposed after his conviction for involuntary manslaughter was a vindictive judicial response to his prior withdrawal of a guilty plea. Having concluded that Waring did not...

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