US v. Grey Bear
| Decision Date | 31 December 1987 |
| Citation | 836 F.2d 1088 |
| Parties | UNITED STATES of America, Appellee, v. Loren Michael GREY BEAR, Tayron Dale Dunn, a/k/a Terry Dunn, Leonard George Fox and John Emmanuel Perez, a/k/a John Perez, Appellants. UNITED STATES of America, Appellee, v. Jesse Dean CAVANAUGH, Paul Henry Cavanaugh, Maynard James Dunn, Timothy Sylvester Longie, Jr., Roger Darrel Charboneau, Dwayne Allen Charboneau, Richard John LaFuente, a/k/a Ricky LaFuente, Appellants. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Rodney S. Webb, U.S. Atty., Dennis D. Fisher, Norman G. Anderson and Lynn E. Crooks, Asst. U.S. Attys., Fargo, N.D., for appellee.
The petition of the United States for a rehearing en banc as to the panel's finding of prejudicial misjoinder under Fed.R. Crim.P. 8(b), 828 F.2d 1286, is hereby granted. The portions of the court's opinion designated as III, IIIA, and IIIB are vacated. The remainder of the panel's opinion and judgment on all other issues shall remain in effect; the mandate as to each of the appellants not affected by the misjoinder ruling shall issue forthwith.
The panel's opinion relating to prejudicial misjoinder under Fed.R.Crim.P. 8(b) as to:
is vacated; the issue of misjoinder as to the above-named appellants shall be reargued and submitted to the court en banc on February 12, 1988, in St. Paul, Minnesota, at 9:00 a.m. in the United States Court of Appeals Courtroom No. 1, 584 Federal Courts Building, 316 North Robert Street.
The parties are directed to rebrief the misjoinder issue. The appellants shall file a joint brief on the issue of misjoinder and alleged prejudice within 20 days of the date of this order, said brief not to exceed 20 pages; each appellant may file a separate brief as to any alleged individual prejudice arising from misjoinder not otherwise mentioned in the joint brief, said briefs not to exceed 10 pages; the United States shall file its brief, not to exceed 25 pages, within 15 days of the date of the filing of the appellants' briefs; the appellants may thereafter file a joint reply brief not to exceed 10 pages, said brief to be filed within 7 days of the date of the filing of the appellee's brief. Oral argument shall be divided as follows:
To continue reading
Request your trial
-
State v. U.S. Envtl. Prot. Agency
...not been diminished. United States v. Grey Bear , 828 F.2d 1286 (8th Cir.), vacated in part on other grounds on reh'g en banc , 836 F.2d 1088 (8th Cir. 1987). Specifically, the court held that although the language "do hereby cede, surrender, grant, and convey to the United States all their......
-
Wyoming v. U.S. Envtl. Prot. Agency
...had not been diminished. United States v. Grey Bear, 828 F.2d 1286 (8th Cir.), vacated in part on other grounds on reh'g en banc, 836 F.2d 1088 (8th Cir. 1987). Specifically, the court held that although the language "do hereby cede, surrender, grant, and convey to the United States all the......
-
Pittsburg & Midway Coal Min. Co. v. Yazzie
...general public use.16 Notably, United States v. Grey Bear, 828 F.2d 1286 (8th Cir.), vacated in part and reh'g granted en banc, 836 F.2d 1088 (8th Cir.1987) (vacated only with respect to prejudicial misjoinder issue and reinstated in subsequent rehearing, 863 F.2d 572 (8th Cir.1988)), did n......
-
Mille Lacs Band of Ojibwe v. Cnty. of Mille Lacs, Case No. 17-cv-05155 (SRN/LIB)
...States v. Grey Bear , 828 F.2d 1286, 1290 (8th Cir.), reh'g en banc granted in part, opinion vacated in non-relevant part , 836 F.2d 1088 (8th Cir. 1987), and on reh'g en banc , 863 F.2d 572 (8th Cir. 1988) ("We conclude that the ‘cede, surrender, grant, and convey’ language of the 1904 Act......