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ESCOBEDO v. UNITED STATES

November 21, 1972

DANIEL ESCOBEDO, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Austin, District Judge.

MEMORANDUM OPINION and JUDGMENT ORDER

These two petitions under 28 U.S.C. § 2255 (1970) attack the validity of plaintiff Escobedo's convictions in indictment numbers 67 CR 555 and 564, which were consolidated for trial, and in indictment number 67 CR 562. For the reasons stated below, this court dismisses plaintiff's petitions without a hearing.

Plaintiff assigns nine reasons why his convictions should be overturned:

(1) The trial judge ruled that the government was not required to produce recorded conversations between Escobedo and a government agent.

(2) Tape-recorded telephone conversations were improperly admitted contrary to Illinois law.

(3) The trial judge refused to consolidate for trial the heroin indictments with the marihuana indictment.

(4) Plaintiff was improperly impeached on the basis of his prior convictions.

(5) Improper joinder of the offense of unlawfully transferring a narcotic without an order form with the offense of receiving, concealing, and facilitating the transportation and concealment of marihuana.

(6) Plaintiff was denied the effective assistance of counsel.

(7) Plaintiff was improperly denied access to fingerprint reports.

(8) The trial judge improperly conducted the voir dire to determine if any jurors had been prejudiced by publicity.

(9) Denial of the right to confront witnesses in that the trial

judge sustained an objection to the disclosure of the home address of a government agent.

Of these nine alleged errors, the first four were squarely presented on appeal and rejected by the Seventh Circuit in United States v. Escobedo, 430 F.2d 14 (7th Cir. 1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1632, 29 L.Ed.2d 122 (1971) and in United States v. Escobedo, 430 F.2d 603 (7th Cir. 1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1632, 29 L.Ed.2d 122 (1971). No useful purpose would be served in relitigating these four issues because there are no intervening decisions which would retroactively set aside plaintiff's convictions nor has plaintiff demonstrated "that the ends of justice would be served by permitting" such a relitigation. Sanders ...


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