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BARKER v. UNITED STATES

Nos. 77-1276, 77-1317.

579 F.2d 1219 (1978)

Wayne Ernest BARKER, Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellee, v. Wayne Ernest BARKER, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Roger M. Theis, Asst. U. S. Atty., Topeka, Kan. (James P. Buchele, U. S. Atty., and Bruce E. Miller, Asst. U. S. Atty., Topeka, Kan., on the briefs), for appellee.

James D. Oliver, Wichita, Kan. (Philip S. Frick, Wichita, Kan., on the reply briefs), of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan. (pro se briefs filed by appellant).

Before BARRETT and McKAY, Circuit Judges, and BRATTON, District Judge.

BARRETT, Circuit Judge.

Wayne Ernest Barker (Barker) appeals his conviction, following his guilty plea, of receipt by a convicted felon of a firearm which had been transported in interstate commerce, in violation of 18 U.S.C. § 922(h).1 Prior to sentencing, Barker unsuccessfully moved to withdraw his guilty plea. Consolidated with this direct appeal is Barker's appeal from the denial of his motion to vacate his sentence, pursuant...

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