United States of America, Plaintiff-appellee, v. Wendell Payne, Defendant-appellant, 59 F.3d 171 (6th Cir. 1995)

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US Court of Appeals for the Sixth Circuit - 59 F.3d 171 (6th Cir. 1995) June 15, 1995

Before: JONES, NELSON, and RONEY, Circuit Judges.* 


After reviewing the submissions of the parties, their arguments therein, and the record in this case, we AFFIRM the conviction of Wendell Payne for taking a vehicle from another by force while possessing a firearm ("carjacking") in violation of 18 U.S.C. §§ 2119 and 2, and for using a firearm during a violent crime in violation of 18 U.S.C. §§ 924(c) (1) and 2. We decline, however, to pass on the issue of ineffective assistance of counsel.


The Honorable Paul H. Roney, United States Circuit Judge for the Eleventh Circuit, sitting by designation