No. 1558, Docket 94-1613.

63 F.3d 1200 (1995)

UNITED STATES of America, Appellee, v. Eric C. PAYNE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 23, 1995.

Attorney(s) appearing for the Case

Michael S. Sommer, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., Alexandra Rebay, Asst. U.S. Atty., New York City on the brief), for appellee.

Louis R. Aidala, New York City, for defendant-appellant.

Before: VAN GRAAFEILAND, Senior Circuit Judge, KEARSE, and CALABRESI, Circuit Judges.

KEARSE, Circuit Judge:

Defendant Eric C. Payne appeals from a judgment entered in the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, convicting him on two counts of a four-count indictment, to wit, one count of conspiracy to distribute crack cocaine and other narcotics, in violation of 21 U.S.C. § 841 (1988 & Supp. V 1993) and id. § 846 (1988) (count 1), and one count of distribution and...


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