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UNITED STATES v. PAYNE

No. 95-5102.

83 F.3d 346 (1996)

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

United States Court of Appeals, Tenth Circuit.

May 8, 1996.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Richard D. White, Jr. of White, Hack and Duke, P.A., Tulsa, Oklahoma, for Defendant-Appellant.

Stephen C. Lewis, United States Attorney, and Allen J. Litchfield, Assistant United States Attorney, Tulsa, Oklahoma, for Plaintiff-Appellee.

Before PORFILIO, McKAY and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Mr. Payne was convicted of two counts of counts of carjacking, 18 U.S.C. §§ 2, 2119, based on a scheme where the victim would be abducted and forced to make cash withdrawals with an ATM card. He now appeals. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Carjacking requires the government to prove that "the defendant, (1) while possessing a firearm, (2) took from the person or presence of another...

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