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.