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McCAULEY-BEY v. DELO

No. 95-4053.

97 F.3d 1104 (1996)

Jerry L. McCAULEY-BEY, Appellee, v. Paul K. DELO, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1996.

Rehearing and Suggestion for Rehearing Denied December 3, 1996.

Attorney(s) appearing for the Case

Stacy L. Anderson, Asst. Atty. Gen., argued, Jefferson City, MO, for appellant.

M. Steven Brown, argued, St. Louis, MO, for appellee.

Before MAGILL, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 3, 1996.

MAGILL, Circuit Judge.

Jerry McCauley-Bey, serving a life sentence for second degree murder, a consecutive life sentence for first degree assault, and two concurrent thirty-year sentences for armed criminal action, petitioned in district court for a writ of habeas corpus. 28 U.S.C. § 2254. The district court conditionally granted the writ. The government appeals, and we reverse.<...

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