United States of America, and Cross-Appellee v. Jessie Ervin Buchanan, and Cross-Appellant

BALDOCK, Circuit Judge.

Petitioner-appellee and cross-appellant, Jessie Ervin Buchanan (Buchanan), was charged with the manufacture and possession of an unregistered firearm, 26 U.S.C. § 5861(d) & (f), and conspiracy to commit these offenses, 18 U.S.C. § 371. His first trial produced a hung jury. His second trial resulted in a conviction which was affirmed on direct appeal in United States v. Buchanan, 787 F.2d 477 (10th Cir.1986). We affirmed in part, reversed in part and remanded the case after the denial of Buchanan’s subsequent petition for modification of sentence in United States v.…