BALDOCK, Circuit Judge.
Petitioner-appellee and cross-appellant, Jessie Ervin Buchanan (Buchanan), was charged with the manufacture and possession of an unregistered firearm, 26 U.S.C. § 5861(d) & (f), and conspiracy to commit these offenses, 18 U.S.C. § 371. His first trial produced a hung jury. His second trial resulted in a conviction which was affirmed on direct appeal in United States v. Buchanan,
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