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U.S. v. RYAN

Nos. 99-1225, 99-1673.

227 F.3d 1058 (2000)

UNITED STATES of America, Appellee, v. Dale Lynn RYAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2000.

Attorney(s) appearing for the Case

Lawrence S. Robbins, Washington, DC, argued (Gary A. Orseck, Thomas D. Hanson, and Lu Ann White, on the brief), for Appellant.

Robert C. Dopf, Assistant U.S. Attorney, Des Moines, Iowa, argued, for Appellee.

Before WOLLMAN, Chief Judge, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

WOLLMAN, Chief Judge.

Dale Lynn Ryan appeals from the district court's denial of his 28 U.S.C. § 2255 petition for postconviction relief and from its denial of his motion for reconsideration. We reverse and remand.

I.

On January 1, 1990, fire engulfed the Ryan Fun and Fitness Center (the Fitness Center), in West Burlington, Iowa, killing two volunteer firefighters who were attempting to extinguish the blaze. After an extensive investigation...

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