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U.S. v. PAYTON

No. 93-5515.

28 F.3d 17 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Virgil Mendel PAYTON, a/k/a Virgil Macon, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Michael Patrick O'Connell, Asst. Federal Defender, Charleston, SC (argued), for appellant.

Benjamin A. Hagood, Jr., Asst. U.S. Atty., Charleston, SC (argued) (J. Preston Strom, Jr., U.S. Atty., J. Brady Hair, Asst. U.S. Atty., on brief), for appellee.

Before ERVIN, Chief Judge, and WILKINS and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.

OPINION

ERVIN, Chief Judge.

Appellant Virgil Mendel Payton ("Payton") was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Section 2K2.1(a)(2) of the United States Sentencing Guidelines ("U.S.S.G.") provides for a penalty enhancement if the defendant...

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