United States v. Orville Leon Payne

Orville Payne was convicted in the United States District Court for the Southern District of Indiana, New Albany Division, of one count of conspiracy under 18 U.S.C. §371. That conviction was affirmed by this Court in United States v. Payne, 635 F.2d 643 (7th Cir.1980), rehearing and rehearing en banc denied (1981), certiorari denied, 451 U.S. 972, 101 S.Ct. 2050, 68 L.Ed.2d 351. Payne now appeals the district court’s denial of his motion, pursuant to 28 U.S.C. § 2255, attacking the sentence imposed in that conviction.

The case comes before this Court in a confusing and complicated procedural…