United States Seventh Circuit

Co-defendants Navar and Thomas' convictions for cocaine distribution are affirmed where: 1) witness's identification testimony did not violate defendant's constitutional rights as it was not unduly suggestive or create a substantial likelihood of irreparable misidentification; 2) law enforcement testimony regarding wiretap was relevant and not prejudicial; 3) district court did not abuse its discretion in limiting cross-examination as there were permissible grounds for doing so; and 4) defendant failed to prove that he received ineffective assistance of counsel. Co-defendant Recedendiz counsel's motion to withdraw is granted and Recendiz-s appeal is dismissed, as no non-frivolous issues exist for appeal.

Appellate Information

• Argued 10/20/2008
• Decided 03/03/2009
• Published 03/03/2009

Judges

• KANNE, Circuit Judge., Before BAUER, KANNE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Gerardo Recendiz, Post, TX, pro se.


• For Appellees:
  
• Stephen Baker (submitted), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Richard H. Parsons, Andrew J. McGowan, Office of the Federal, Public Defender, Peoria, IL, for Gerardo Recendiz, Defendant-Appellant., Frederick F. Cohn (argued), Chicago, IL, for Armando Navar, Defendant-Appellant., Bret A. Rappaport, Frederick F. Cohn (argued), Hardt, Stern & Kayne, Riverwoods, IL, for Marco Thomas, Defendant-Appellant.