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U.S. v. PAYTON

No. 09-3288.

636 F.3d 1027 (2011)

UNITED STATES of America, Appellee, v. David A. PAYTON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2011.

Attorney(s) appearing for the Case

Anne M. Laverty , Cedar Rapids, IA, for appellant.

Clifford R. Cronk , AUSA, Davenport, IA, for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

David A. Payton appeals his convictions and sentences for conspiracy to manufacture, distribute, and possess with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B) ("Count 1"); opening and maintaining a crack house, in violation of 21 U.S.C. § 856(a)(1) ("Count 5"); and distribution of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1...

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