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GREGG v. U.S.

No. 10-3142.

683 F.3d 941 (2012)

James Allen GREGG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 13, 2012.

Attorney(s) appearing for the Case

Brent J. Gurney , Washington, DC, for Appellant.

Mikal Gene Hansen , Pierre, SD, for Appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

ORDER

The petition for rehearing by the panel, filed by Appellant James Allen Gregg, is granted. The petition for en banc rehearing is denied as moot.

The mandate is recalled. The opinion and judgment of 3/16/12 [674 F.3d 829] are vacated.

ON REHEARING

SMITH, Circuit Judge.

In January 2005, a jury convicted James Allen Gregg of second degree murder, in violation of 18 U.S.C. §§ 1152 and...

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