United States v. Dion

Full title: UNITED STATES OF AMERICA, APPELLANT, v. DWIGHT DION, SR., APPELLEE. UNITED…

Court: United States Court of Appeals, Eighth Circuit

Date published: Sep 10, 1986

800 F.2d 771 (8th Cir. 1986)

Opinion

Nos. 83-2353, 83-2521, 83-2538, 83-2543 and 83-2544.

September 10, 1986.

John N. Gridley, William D. Kenyon, Richard Johnson and Michael H. Dow, Sioux Falls, S.D., for defendants.

James C. Kilbourne, Claire L. McGuire and Bonnie P. Ulrich, Washington, D.C., for U.S.

Appeals from the United States District Court for the District of South Dakota.

Before HEANEY, Circuit Judge, BRIGHT, Senior Circuit Judge,^_ ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges, en banc.^__

_ Judge Myron H. Bright took senior judge status June 1, 1985.

__ Chief Judge Donald P. Lay did not participate in this case.

ORDER

Pursuant to the Supreme Court's decision in this case, we now affirm Dwight Dion's conviction on counts 8 and 10 and reverse the district court's pre-trial dismissal of count 12. This court's previous affirmance of Dwight Dion's conviction on counts 3, 4, 5, 6, 9, 11, 13 and 14 and reversal of Lyle Dion's conviction on counts 1 and 2 remain intact.