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FRANKLIN v. I.N.S.

No. 94-3609.

72 F.3d 571 (1995)

Myrisia FRANKLIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1995.

Rehearing and Suggestion for Rehearing Denied February 12, 1996.

Attorney(s) appearing for the Case

Kathleen Hagen, Kansas City, Missouri, argued (Henri J. Watson, on the brief), for appellant.

David M. McConnell of the Office of Immigration Litigation, Department of Justice, argued (David V. Bernal, Department of Justice, on the brief), for appellee.

Before FAGG and BOWMAN, Circuit Judges, and BENNETT, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 12, 1996.*

FAGG, Circuit Judge.

Myrisia Franklin, a Philippine citizen, was convicted of recklessly causing the death of her child, a crime classified as involuntary manslaughter under Mo.Rev.Stat. § 565.024.1(1) (Supp.1994). Under Missouri law, persons act recklessly when they "consciously disregard[] a substantial and unjustifiable risk that circumstances exist...

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