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UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
___________
No. 97-3643
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*
Eddie Keeper, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Missouri.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: June 26, 2000
Filed: July 3, 2000
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Before McMILLIAN, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
The district court dismissed appellant’s 28 U.S.C. § 2255 motion as abusive.
The government concedes that appellant did not file the prior § 2255 motion that was
lodged under his name. Therefore, the dismissed motion was actually appellant’s first
§ 2255 motion. Accordingly, we remand the case to the district court for review of
the claims on the merits and deny the pending motions as moot.
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A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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