Gregg v. United States

674 F.3d 829 (2012)

James Allen GREGG, Appellant,

v.

UNITED STATES of America, Appellee.

No. 10-3142.

United States Court of Appeals, Eighth Circuit.

Submitted: October 20, 2011.

Filed: March 16, 2012.

Brent J. Gurney, argued, Edward C. DuMont, Jennifer Kerry Birlem, Ashutosh Upreti, Aron Goetzl, on the brief, Washington, DC, for Appellant.

Mikal Gene Hanson, USA, argued, Pierre, SD, for Appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.

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 1111, and use of a…