UNITED STATES v. YIRKOVSKY

No. 00-3442.

276 F.3d 384 (2001)

UNITED STATES of America, Appellee, v. Dane Allen YIRKOVSKY, Appellant.

United States Court of Appeals, Eighth Circuit.

December 26, 2001.


Attorney(s) appearing for the Case

Patrick J. Reinert, U.S. Atty's Office, Cedar Rapids, IA, Jamie Bowers, U.S. Atty's Office, Sioux City, IA, for Plaintiff-Appellee.

Dane Allen Yirkovsky, Rochester, MN, pro se.

Joh J. Bishop, Cedar Rapids, IA, for Defendant-Appellant.

MORRIS SHEPPARD ARNOLD, Circuit Judge, dissenting, in which Chief Judge WOLLMAN, and Judge BOWMAN, join.


ORDER

Under the relevant rules, a case is appropriate for en banc consideration if a rehearing "is necessary to secure or maintain uniformity" in our decisions, or if the case "involves a question of exceptional importance." See Fed. R.App. P. 35(a)(1) and (a)(2). I believe that this case qualifies for rehearing en banc on both counts.

The answer to the question of whether a sentence violates the eighth amendment is heavily dependent...

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