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U.S. v. KISSICK

No. 95-6055.

69 F.3d 1048 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Michael KISSICK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 6, 1995.

Attorney(s) appearing for the Case

Charles Michael Kissick, pro se.

Patrick M. Ryan, United States Attorney, Vicki Zemp Behenna, Assistant United States Attorney, Oklahoma City, Oklahoma, on the brief, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, McKAY, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Petitioner Charles Michael Kissick appeals the district court's denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, we vacate the district court's decision and remand for further proceedings.

I. BACKGROUND

In February 1989, a jury convicted Mr. Kissick of fourteen counts of various drug charges, including possession of cocaine with the intent...

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