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U.S. v. PAYNE

No. 01-50351.

341 F.3d 393 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Lonnie Jearl PAYNE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 31, 2003.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg (argued), San Antonio, TX, for Plaintiff-Appellee.

David Paul Henry (argued), Mark Pryor, Vinson & Elkins, Dallas, TX, for Defendant-Appellant.

Before DUHÉ, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

DUHÉ, Circuit Judge:

Defendant Lonnie Jearl Payne (Payne) appeals his convictions for knowingly receiving child pornography in violation of 18 U.S.C. § 2252A and for possessing a firearm in violation of 18 U.S.C. § 922(g)(1). Specifically, Payne appeals the district court's denial of his motion to suppress and contends that he was prejudiced by duplicity in Count Three of his indictment. Payne also challenges...

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