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United States Seventh Circuit


Varela v. US, 05-2792

Denial of a motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. section 2255 is affirmed where the movant's claim that his Sixth Amendment confrontation right was violated when a witness testified as to the incriminating statements of a non-testifying co-defendant was procedurally barred since the issue had been before the court on direct appeal and there were no changed circumstances warranting a reconsideration of the issue.

Appellate Information

  • Decided 02/26/2007
  • Published 02/26/2007

Judges

  • KANNE, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Christopher A. Monsour, Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Stephen A. Kubiatowski, Office of the United States Attorney, Chicago, IL, for Respondent-Appellee.
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