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UNITED STATES v. FRYER
August 2, 1995
UNITED STATES OF AMERICA, Plaintiff,
EDDIE L. FRYER, Defendant.
The opinion of the court was delivered by: MILTON I. SHADUR
This Court has responded in the past to a number of post-conviction (and post-appeal) motions brought by Eddie Fryer ("Fryer"), whose conviction after a jury trial was affirmed some three years ago on direct appeal, 974 F.2d 813 (7th Cir. 1992). Most recently Fryer has tendered two additional self-prepared documents, respectively captioned:
1. "Defendant's Pro-Se Motion Requesting this Court to Direct Clerk of this Court to Comply to this Court's Memorandum Opinion and Order Dated May 2, 1995"; and
2. "Motion in Response to this Court's Memorandum Opinion and Order Dated May 19, 1995."
As to the first of those motions, this Court has personally undertaken to obtain for Fryer the documents that had been the subject of its May 2, 1995 memorandum opinion and order but had not yet been delivered to Fryer. That effort has not been entirely successful (see n.2), but the following materials are transmitted to Fryer together with a copy of this memorandum opinion and order:
1. transcripts of the proceedings of July 23 and 24, 1990, reporting a pretrial evidentiary hearing relating to the admissibility of identification testimony;
2. photocopies of photographs that have just been delivered to this Court by Assistant United States Attorney Diane MacArthur, together with a photocopy of her forwarding letter.
As for the second "motion," it merely provides some information in connection with a subject that this Court had mentioned on a purely collateral basis in this footnote to its May 19, 1995 memorandum opinion and order:
PSI lines 433-35 (on page 12) reflect that as of the January 16, 1991 date of the PSI Fryer had filed an appeal concerning that sentence for violation of probation. This Court is unaware of the result of that appeal.
Fryer has now advised that his state court conviction for unlawful use of a weapon by a felon had been reversed as a result of that appeal, while the finding of his violation of probation had been affirmed, so that his four-year state-court sentence was left undisturbed.
According to the Illinois Appellate Court's slip opinion that Fryer has attached to his current filing (People v. Fryer, Nos, 1-90-2734 and 90-2735 (1st Dist. Apr. 25, 1994)), the reversal of the substantive conviction was based upon a determination that the motion to quash Fryer's arrest and to suppress evidence should have been granted.
This Court has taken note of the information that Fryer has provided in that respect, and it has retained a copy of the Illinois Appellate Court opinion. No other action is called for at this point (even though Fryer labels his filing a "motion," he has asked for no other relief from this Court).
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