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United States of America v. David A. Payton

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Submitted: September 23, 2010

Before BYE, BEAM, and SMITH, Circuit Judges.

David A. Payton appeals his convictions and sentences for conspiracy to manufacture, distribute, and possess with intent to distribute five grams or more of crack cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(B) (“Count 1″); opening and maintaining a crack house, in violation of 21 U.S.C. § 856(a)(1) (“Count 5″); and distribution of crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 18 U.S.C. § 2 (“Count 6″). Payton asserts that (1) the district court*fn1 erred in denying his motion to sever the case for trial; (2) the district court erred in denying his Batson*fn2 challenge; (3) he is entitled to a new trial because the government withheld exculpatory evidence; (4) the district court abused its discretion in denying his requested jury instructions; (5) insufficient evidence exists to support his convictions; (6) the district court erred in determining the drug quantity attributable to him; (7) the district court erred in applying an aggravating role enhancement; and (8) the district court abused its discretion in denying a sentencing variance based upon the disparity in the Guidelines between powder cocaine and crack cocaine.

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