United States v. Barboa

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.