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HUFF v. UNITED STATES

No. 78-1825.

599 F.2d 860 (1979)

Gerald Wayne HUFF, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1979.

Attorney(s) appearing for the Case

J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., for appellant; Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., on brief.

Benjamin D. Entine, Asst. Federal Public Defender, Kansas City, Mo., for appellee; David R. Freeman, Federal Public Defender, Kansas City, Mo., on brief.

Before BRIGHT and STEPHENSON, Circuit Judges, and BOGUE, District Judge.

BRIGHT, Circuit Judge.

Gerald Wayne Huff seeks relief under 28 U.S.C. § 2255 (1976) for his conviction and four-year sentence of imprisonment for dealing in firearms without a license, in violation of 18 U.S.C. § 922(a)(1) (1976).1 The district court set aside the conviction, basing its decision on the finding that Huff had been removed from and returned to state custody without being tried on the federal charge against him,...

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