Leonard Peltier v. G.L. Henman, Warden, United States Penitentiary, Leavenworth, Kansas

FRIEDMAN, Senior Circuit Judge.

For the second time, the appellant, Leonard Peltier, seeks by a proceeding under 28 U.S.C. § 2255 (1988) to set aside his 1977 conviction for the premeditated 1975 murder of two agents of the Federal Bureau of Investigation (FBI) during a shootout between the agents and Native Americans on the Pine Ridge Indian Reservation in South Dakota. The district court denied relief, ruling that (1) the record does not support Peltier’s contention that an alleged concession by government counsel during oral argument before this court in the prior section 2255 appeal…