McMILLIAN, Circuit Judge.
Donald A. Hellbusch appeals a final order entered in the District Court for the District of Nebraska denying his 28 U.S.C. § 2255 motion to vacate his sentence and withdraw his guilty plea. United States v. Hellbusch, No. 8:CR93-56 (D. Neb. May 28, 1996). For reversal, appellant argues the district court erred in denying his § 2255 motion based on Bailey v. United States,
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