UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT ___________ No. 97-3643 ___________ * Eddie Keeper, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * United States of America, * [UNPUBLISHED] * Appellee. *

___________ Submitted: June 26, 2000 Filed: July 3, 2000 ___________ Before McMILLIAN, FAGG, and HANSEN, Circuit Judges. ___________ 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.

A true copy.

Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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