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United States v. Wendell Payne

Citations: 59 F.3d 171; 1995 U.S. App. LEXIS 23449; 1995 WL 363375Docket: 94-3080

Court: Court of Appeals for the Sixth Circuit; June 15, 1995; Federal Appellate Court

Narrative Opinion Summary

The Sixth Circuit Court of Appeals affirmed the conviction of Wendell Payne for carjacking, which involved taking a vehicle from another by force while possessing a firearm, violating 18 U.S.C. §§ 2119 and 2. Additionally, Payne was convicted for using a firearm during a violent crime, in violation of 18 U.S.C. §§ 924(c)(1) and 2. The court chose not to address the issue of ineffective assistance of counsel. The ruling was made on June 15, 1995, with Judge Paul H. Roney from the Eleventh Circuit participating by designation.

Legal Issues Addressed

Carjacking under 18 U.S.C. §§ 2119 and 2

Application: The court affirmed Wendell Payne's conviction for carjacking, which involved the forceful taking of a vehicle while in possession of a firearm.

Reasoning: The Sixth Circuit Court of Appeals affirmed the conviction of Wendell Payne for carjacking, which involved taking a vehicle from another by force while possessing a firearm, violating 18 U.S.C. §§ 2119 and 2.

Ineffective Assistance of Counsel

Application: The court opted not to address the claim of ineffective assistance of counsel in its judgment.

Reasoning: The court chose not to address the issue of ineffective assistance of counsel.

Use of a Firearm During a Violent Crime under 18 U.S.C. §§ 924(c)(1) and 2

Application: Payne was also convicted for using a firearm during the commission of a violent crime, upholding the applicability of the statute.

Reasoning: Additionally, Payne was convicted for using a firearm during a violent crime, in violation of 18 U.S.C. §§ 924(c)(1) and 2.