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UNITED STATES v. PAYNE

No. 80-1742.

641 F.2d 866 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey PAYNE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 3, 1981.

Attorney(s) appearing for the Case

Sara Criscitelli, Atty., Dept. of Justice, Appellate Div., Washington, D. C. (Charles E. Graves, U. S. Atty., and Jeffrey C. Fisher, Asst. U. S. Atty., Cheyenne, Wyo., on the brief), for plaintiff-appellee.

Douglas J. Moench, Jr., of Cole & Moench, Cheyenne, Wyo., for defendant-appellant.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Jeffrey Payne (Payne) was convicted by a jury of conspiring to distribute, and possessing with intent to distribute, controlled substances in violation of 21 U.S.C. §§ 841 and 846. Payne appeals, alleging (1) a denial of his Sixth Amendment right to effective assistance of counsel, and (2) that the evidence adduced at trial is not sufficient to support the jury's verdict.

Sixth Amendment Violations

Payne asserts...

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