Larry P. Thomas v. Terry Morris

McMILLIAN, Circuit Judge.

Larry P. Thomas appeals from a final judgment entered in the District Court for the Eastern District of Missouri dismissing his petition for writ of habeas corpus. On appeal a panel of this Court reversed and remanded the case to the district court for resentencing or a retrial within ninety days of the issuance of the decree. Thomas v. Morris, 816 F.2d 364, 371 (8th Cir.1987).1 Both the State and Thomas petitioned this Court for a rehearing en banc and we granted the petitions. After further briefing and oral argument to the Court en banc, we now reverse the district…