U.S. v. PAYTON

No. 88-1716.

918 F.2d 54 (1990)

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

United States Court of Appeals, Eighth Circuit.

Decided October 30, 1990.


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 E. Payton's case is before us again after the grant of certiorari and vacation of our judgment by the Supreme Court of the United States. ___ U.S. ___, 110 S.Ct. 2581, 110 L.Ed.2d 262. The case has been remanded to us for further proceedings in light of Taylor v. United States, ___ U.S. ___, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The only issue in our earlier opinion that must be examined again on remand relates to Payton...

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