United States v. Donald D. Payton, II

JOHN R. GIBSON, Circuit Judge.

Donald E. Payton’s case is before us again after the grant of certiorari and vacation of our judgment by the Supreme Court of the United States. — U.S. -, 110 S.Ct. 2581, 110 L.Ed.2d 262. The case has been remanded to us for further proceedings in light of Taylor v. United States, — U.S. -, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The only issue in our earlier opinion that must be examined again on remand relates to Payton’s 1971 conviction. In all other respects we adopt the discussion in our earlier opinion, United States v. Payton, 878 F.2d 1089 (8th Cir.1989).…