The United States of America v. Eddie Barboa
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Circuit Judge.
Eddie Barboa appeals from the denial by the district court of his motion to vacate sentence and his application for bond pursuant to 28 U.S.C. § 2255 (1982). The questions presented are: (1) whether an uncontroverted sworn allegation that his sole co-conspirator was a government informant warranted an evidentiary hearing; and (2) whether allowing natural gas to escape from an open line constitutes an “explosive” within the meaning of 18 U.S.C. § 844(i) and (j) (1982). We reverse in part and remand to the district court for an evidentiary hearing.
I
On February 25,1982,…
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