United States v. Gary Apker

BOWMAN, Chief Judge.

This case is before us on remand from the United States Supreme Court. See Apker v. United States, — U.S. -, 118 S.Ct. 2339, 141 L.Ed.2d 710 (1998), vacating and remanding 101 F.3d 75 (8th Cir.1996), opinion vacated and mandate recalled, 156 F.3d 1344 (8th Cir.1998). We are instructed to further consider the 28 U.S.C. § 2255 motion of Gary Apker in light of Holm v. United States, 524 U.S. 236, 118 S.Ct. 1969, 141 L.Ed.2d 242 (1998), in which the Government conceded that a § 2255 motion alleging a Bailey error amounted to a constitutional claim for the purposes of 28 U.S.C.…