United States v. William Charles Payton

LEVIN H. CAMPBELL, Circuit Judge.

Defendant appeals from his conviction for violating 18 U.S.C. § 2113(d) arguing (1) error in the district court’s denial of his motion to suppress certain inculpatory statements defendant made after his indictment but without the presence of an attorney and (2) ineffective assistance of counsel. Several days after argument we affirmed defendant’s conviction in a brief unpublished opinion but subsequently withdrew our judgment and opinion sua sponte in order to consider an argument suggested by Carvey v. LeFevre, 611 F.2d 19 (2d Cir. 1979), a decision that had…