Filed: Mar. 20, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-2329 _ Robert Lee Artic, * * Appellant, * * v. * Appeal from the United States * District Court for the F.C.I., Waseca; Bureau of Prisons; * District of Minnesota J. W. Tippy, Warden, * * [UNPUBLISHED] Appellees. * _ Submitted: March 3, 1998 Filed: March 20, 1998 _ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. _ PER CURIAM. Robert Lee Artic moves to reinstate his appeal from a final order of the United States District Court fo
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-2329 _ Robert Lee Artic, * * Appellant, * * v. * Appeal from the United States * District Court for the F.C.I., Waseca; Bureau of Prisons; * District of Minnesota J. W. Tippy, Warden, * * [UNPUBLISHED] Appellees. * _ Submitted: March 3, 1998 Filed: March 20, 1998 _ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. _ PER CURIAM. Robert Lee Artic moves to reinstate his appeal from a final order of the United States District Court for..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 97-2329
___________
Robert Lee Artic, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
F.C.I., Waseca; Bureau of Prisons; * District of Minnesota
J. W. Tippy, Warden, *
* [UNPUBLISHED]
Appellees. *
___________
Submitted: March 3, 1998
Filed: March 20, 1998
___________
Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.
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PER CURIAM.
Robert Lee Artic moves to reinstate his appeal from a final order of the United
States District Court for the District of Minnesota denying Artic&s 28 U.S.C. § 2241
petition for a writ of habeas corpus. We grant Artic&s motion to reinstate his appeal.
In light of our recent decision in Martin v. Gerlinski,
133 F.3d 1076 (8th Cir. 1998),
and for the reasons discussed therein, we reverse the judgment of the district court and
remand the case to the district court with instructions to refer the case to the Bureau of
Prisons to properly consider Artic&s eligibility for a sentence reduction under 18 U.S.C.
§ 3621(e)(2)(B). See 8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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