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BROWN v. U.S.

No. 94-7029.

34 F.3d 990 (1994)

Jerome Glen BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 8, 1994.

Attorney(s) appearing for the Case

Jerome Glen Brown, pro se.

John Raley, U.S. Atty., and Paul G. Hess, Asst. U.S. Atty., Muskogee, OK, for respondent-appellee.

Before MOORE, ANDERSON and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Mr. Brown, appearing pro se, appeals the district court's denial of his 28 U.S.C. § 2255 motion. The district court adopted the magistrate's recommendation that the relief which Mr. Brown seeks is procedurally barred. On appeal, the government concedes error and has waived the procedural bar defense. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse the judgment of the...

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