U.S. v. BUCHANAN

Nos. 88-2709, 88-2791.

891 F.2d 1436 (1989)

UNITED STATES of America, Plaintiff-Appellant and Cross-Appellee, v. Jessie Ervin BUCHANAN, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 12, 1989.


Attorney(s) appearing for the Case

Paul G. Hess, Asst. U.S. Atty. (Roger Hilfiger, U.S. Atty., on the brief), Muskogee, Okl., for plaintiff-appellant and cross-appellee.

David Booth, Federal Public Defender, Muskogee, Okl., for defendant-appellee and cross-appellant.

Before BALDOCK, McWILLIAMS and EBEL, Circuit Judges.


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, 787 F.2d 477

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