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SIMMONS v. UNITED STATES

No. 18057.

440 F.2d 890 (1971)

Ervin SIMMONS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

Ronald P. Alwin, Chicago, Ill., for petitioner-appellant.

William J. Bauer, U. S. Atty., Chicago, Ill., for respondent-appellee; John Peter Lulinski, Jeffrey Cole, William T. Huyck, Asst. U. S. Attys., of counsel, assisted by Gary L. Starkman, Ford Foundation Intern.

Before FAIRCHILD and CUMMINGS, Circuit Judges, and REYNOLDS, District Judge.

FAIRCHILD, Circuit Judge.

This appeal involves a retroactive application of the Bruton rule.2 Appellant Simmons' 1964 trial, for possession and sale of heroin, began as a joint trial with codefendant Troy Smith. The government introduced testimony that Smith, after arrest, had admitted the transaction between himself and an undercover agent, but said he had given the agent's money to Simmons...

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