United States v. Anthony Gregg Payton

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Anthony Gregg PAYTON, Defendant-Appellant. No. 95-10097. United States Court of Appeals, Ninth Circuit. Argued Feb. 12, 1996. Withdrawn from Submission Feb. 13, 1996. Resubmitted June 26, 1996. Decided July 31, 1996. 1 Before: CANBY and KLEINFELD, Circuit Judges, and COLLINS, District Judge. * 2 MEMORANDUM ** 3 Appellant Anthony Gregg Payton was indicted on charges of conspiracy to manufacture and distribute methamphetamine, manufacture of methamphetamine, distribution of methamphetamine, and two counts of possession with intent to distribute methamphetamine. The indictment covered Payton's conduct between December, 1992 and September, 1993. At trial, Payton presented an entrapment defense, but was ultimately convicted by a jury on all counts. Payton was sentenced to 176 months in the custody of the Bureau of Prisons. He is currently serving his sentence in the…