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U.S. v. RICHARDS

No. 92-4197.

5 F.3d 1369 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Larry D. RICHARDS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 23, 1993.

Attorney(s) appearing for the Case

Wayne T. Dance, Asst. U.S. Atty. (David J. Jordan, U.S. Atty., with him on the briefs), Salt Lake City, UT, for plaintiff-appellant.

Loni F. DeLand, McRae & DeLand, Salt Lake City, UT, for defendant-appellee.*

Before MOORE, ANDERSON, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals the grant of Larry D. Richards' motion to correct his sentence pursuant to 28 U.S.C. § 2255. The government argues on appeal that Richards' motion was procedurally barred for his failure to raise the issue on direct appeal or in an earlier § 2255 motion, and that the original sentence was correctly determined. Because we agree that Richards' motion is an abuse of the writ, we reverse without deciding...

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