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UNITED STATES v. BARBOA

No. 84-2611.

777 F.2d 1420 (1985)

The UNITED STATES of America, Plaintiff-Appellee, v. Eddie BARBOA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 29, 1985.

Attorney(s) appearing for the Case

Charles Roberts of El Paso, Tex. (James T. Allen and Charles L. Scruggs of Johnson, Allen & Peterson, P.C., El Paso, Tex., on brief), for defendant-appellant.

Stanley Kotovsky, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Don J. Svet, First Asst. U.S. Atty., on brief), Albuquerque, N.M., for plaintiff-appellee.

Before BARRETT and SEYMOUR, Circuit Judges, and GREENE, District Judge.

SEYMOUR, Circuit Judge.

Eddie Barboa appeals from the denial by the district court of his motion to vacate sentence and his application for bond pursuant to 28 U.S.C. § 2255 (1982). The questions presented are: (1) whether an uncontroverted sworn allegation that his sole co-conspirator was a government informant warranted an evidentiary hearing; and (2) whether allowing natural gas to escape from an open line constitutes an "explosive" within the meaning of 18...

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