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AMRINE v. BOWERSOX

No. 96-1892.

128 F.3d 1222 (1997)

Joseph AMRINE, Appellant, v. Michael BOWERSOX, Superintendent, Potosi Correctional Center, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 3, 1997.

Rehearing Denied December 10, 1997.

Attorney(s) appearing for the Case

Sean Dennis O'Brien, Kansas City, MO, argued, for appellant.

Frank A. Jung, Jefferson City, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, McMILLIAN, FAGG, BOWMAN, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.

MURPHY, Circuit Judge.

Before the court is Joseph Amrine's motion to remand to the district court prior to the briefing on his appeal from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Amrine seeks a remand because of new evidence discovered after his petition was ruled on by the district court.2 He says this new evidence shows him actually innocent of the murder of a fellow prison inmate for which...

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