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UNITED STATES v. PAYTON

No. 79-1045.

615 F.2d 922 (1980)

UNITED STATES of America, Appellee, v. William Charles PAYTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 25, 1980.

Attorney(s) appearing for the Case

Mark L. Nestor, Waltham, Mass., by appointment of the Court, for defendant, appellant.

Robert B. Collings, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before ALDRICH, Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Defendant appeals from his conviction for violating 18 U.S.C. § 2113(d) arguing (1) error in the district court's denial of his motion to suppress certain inculpatory statements defendant made after his indictment but without the presence of an attorney and (2) ineffective assistance of counsel. Several days after argument we affirmed defendant's conviction in a brief unpublished opinion but subsequently withdrew our judgment...

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