U.S. v. NELSON

No. 96-3103.

109 F.3d 1323 (1997)

UNITED STATES of America, Appellant, v. Peter NELSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1997.


Attorney(s) appearing for the Case

Kandice Wilcox, Asst. U.S. Atty, Cedar Rapids, IA, argued, for appellant.

Paul Papak, Cedar Rapids, IA, argued, for appellee.

Before BOWMAN and MURPHY, Circuit Judges, and JONES, District Judge.


BOWMAN, Circuit Judge.

The United States appeals from the District Court's order granting Peter Nelson's motion under 28 U.S.C. § 2255 (1994) to vacate his conviction and sentence. We reverse and remand.

In 1992, Nelson pleaded guilty to possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) (1988), and using and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. §...

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