U.S. v. ALLEN

No. 98-2549.

357 F.3d 745 (2004)

UNITED STATES of America, Plaintiff — Appellee, v. Billie Jerome ALLEN, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2004.


Attorney(s) appearing for the Case

Joseph M. Landolt, Asst. U.S. Attorney, Mary Jane Lyle, U.S. Attorney's Office, St. Louis, MO, for Plaintiff-Appellee.

Billie Jerome Allen, Terre Haute, IN, Pro Se.

Michael A. Gross, St. Louis, MO, John William Simon, Clayton, MO, for Defendant-Appellant.

Before HANSEN, Chief Judge, RICHARD S. ARNOLD and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

In United States v. Allen, 247 F.3d 741 (8th Cir.2001), we affirmed Billie Jerome Allen's death sentence, rejecting, inter alia, his argument that his sentence violated the Fifth Amendment Indictment Clause. Id. at 761-64. The Supreme Court, at 536 U.S. 953, 122 S.Ct. 2653, 153 L.Ed.2d 830 (2002), granted Allen's petition for writ of certiorari, vacated our decision, and remanded the case...

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