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KNISH v. STINE

No. CRIM.04-2795 MJD/JGL.

347 F.Supp.2d 682 (2004)

Steven Allen KNISH, Petitioner, v. Donald L. STINE, Warden, Respondent.

United States District Court, D. Minnesota.

November 24, 2004.

Attorney(s) appearing for the Case

Thomas B. Heffelfinger, United States Attorney, and Henry J. Shea, Assistant United States Attorney, Counsel for Respondent.

Howard O. Kieffer, Federal Defense Associates, and Thomas M. Kelly, Kelly & Jacobson, Counsel for Petitioner.

MEMORANDUM OF LAW & ORDER

DAVIS, District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner's Motion to Alter or Amend Judgment pursuant to Fed.R.Civ.P. 59(e), on the grounds that a recently issued Eighth Circuit opinion renders erroneous this Court's October 22, 2004 Order dismissing his 28 U.S.C. § 2241 petition for a writ of habeas corpus.

II. BACKGROUND

On January 17, 2003, Petitioner Knish pleaded...

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