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
(1) The trial judge ruled that the government was not required
to produce recorded conversations between Escobedo and a
(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
(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
(6) Plaintiff was denied the effective assistance of counsel.
(7) Plaintiff was improperly denied access to fingerprint
(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.