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U.S. v. POWELL

No. 97-1449.

159 F.3d 500 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Richard POWELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 20, 1998.

Attorney(s) appearing for the Case

Henry L. Solano, United States Attorney, Craig Wallace, Assistant U.S. Attorney, and John M. Hutchins, Assistant U.S. Attorney, Mountain States Drug Task Force, Denver, CO, for Plaintiff-Appellee.

Michael G. Katz, Federal Public Defender, and James P. Moran, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

Before TACHA and McKAY, Circuit Judges, and BROWN, Senior District Judge.

TACHA, Circuit Judge.

Richard Powell appeals from the district court's decision denying his motion pursuant to 28 U.S.C. § 2255 challenging his conviction under 18 U.S.C. § 924(c) in light of Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Because the district court did not hold an evidentiary hearing and make factual findings, we review its decision de novo. See United States v. Cox...

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