United States of America, Appellant, v. David Victor Gutierrez, Appellee, 917 F.2d 379 (8th Cir. 1990)
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US Court of Appeals for the Eighth Circuit
- 917 F.2d 379 (8th Cir. 1990)
Submitted Oct. 10, 1990. Decided Nov. 1, 1990
Appeal From the United States District Court for the Northern District of Iowa.
Prior report: 8th Cir., 908 F.2d 349.
Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges.
ORDER
The judgment of the district court is affirmed by an equally divided court. Chief Judge Lay, Judges Heaney, McMillian, Arnold, and Beam voted to affirm. Judges John R. Gibson, Fagg, Bowman, Wollman, and Magill voted to reverse.
It is so ordered.
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