Court of Appeals for the Tenth Circuit September 23, 1993, 92-4197 (United States v. Larry D. Richards)

STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals the grant of Larry D. Richards’ motion to correct his sentence pursuant to 28 U.S.C. § 2255. The government argues on appeal that Richards’ motion was procedurally barred for his failure to raise the issue on direct appeal or in an earlier § 2255 motion, and that the original sentence was correctly determined.