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U.S. v. PAYTON

No. 88-1716.

878 F.2d 1089 (1989)

UNITED STATES of America, Appellee, v. Donald D. PAYTON, II, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1989.

Rehearing Denied August 10, 1989.

Attorney(s) appearing for the Case

Terry Wright, Des Moines, Iowa, for appellant.

Lester A. Paff, Des Moines, Iowa, for appellee.

Before JOHN R. GIBSON and FAGG, Circuit Judges, and HEANEY, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Donald D. Payton II appeals from his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a convicted felon, and from the enhancement of his sentence under 18 U.S.C. § 924(e)(1). First, Payton argues that the district court1 should have dismissed the indictment because the government established only that he had committed two prior felonies, rather than the three required by section...

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