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CROVEDI v. UNITED STATES

Nos. 73-1690, 74-1314 and 74-1207.

517 F.2d 541 (1975)

Emil CROVEDI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Frank DeLEGGE, Sr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. James SPOON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1975.

Attorney(s) appearing for the Case

Elizabeth P. Mulford, Palo Alto, Cal., for petitioner-appellant in No. 73-1690.

James R. Thompson, U. S. Atty., Gary L. Starkman and Donald G. Newman, Asst. U. S. Attys., Chicago, Ill., for respondent-appellee in No. 73-1690.

Frank DeLegge, Sr., pro se.

James R. Thompson, U. S. Atty., Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee in No. 74-1314.

James Spoon, pro se.

Donald B. Mackay, U. S. Atty., Springfield, Ill., Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., for respondent-appellee in No. 74-1207.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and PELL, Circuit Judges.

PELL, Circuit Judge.

The principal issue raised by these three appeals is founded on United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), and basically is that sentences were enhanced by consideration of prior unconstitutionally obtained convictions. The enhancing of sentence doctrine had been enunciated in Burgett v. Texas, 389 U.S. 109

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