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UNITED STATES v. GREEN

Nos. 85-2497, 85-2684.

797 F.2d 855 (1986)

UNITED STATES of America, Respondent-Appellee, v. Jackie Lee GREEN, Petitioner-Appellant.

United States Court of Appeals, Tenth Circuit.

July 22, 1986.

Attorney(s) appearing for the Case

Frank M. Rowell, Jr., Tulsa, Okl., for petitioner-appellant.

Catherine J. Hardin, Asst. U.S. Atty. (Layn R. Phillips, U.S. Atty., and Ben F. Baker, Asst. U.S. Atty., with her on briefs), Tulsa, Okl., for respondent-appellee.

Before HOLLOWAY, Chief Judge, BARRETT and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Jackie Lee Green appeals from the district court's denial of his motion under 28 U.S.C. § 2255 (1982) for a writ of habeas corpus, and from the court's denial of his motion to withdraw his guilty plea. We conclude that the indictment in this case fails to state a violation of federal law. Accordingly, we reverse.

The pertinent facts are briefly as follows. In April 1984, following his...

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