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UNITED STATES v. CALZADA

No. 78-1043.

579 F.2d 1358 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. David L. CALZADA, Victor Crespolara, Gerald Dee Matthews, Patrick Martin Whittaker, Richard Allen Whittaker, Eliseo Balcazar-Rangel, Maria de Los Angeles Reyes-de Balcazar, Joel Tellez-Romero and John Doe, also known as Luis (an adult male of Spanish descent), Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1978.

As Amended July 14, 1978.

Attorney(s) appearing for the Case

Joseph Hosteny, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellant.

Nancy Schaefer, Chicago, Ill., for defendant-appellee David Calzada; Lynn Sara Frackman, Chicago, Ill. for defendant-appellee Gerald Dee Matthews; Michael G. Cheronis, Chicago, Ill. for defendant-appellee Victor Crespolara; Michael P. Toomin, Chicago, Ill. for defendants-appellees Patrick Martin Whittaker and Richard Allen Whittaker; Howard Gilman, Chicago, Ill. for defendants-appellees Eliseo Balcazar-Rangel and Maria de Los Angeles Reyes de Balcazar; Matthias A. Lydon, Chicago, Ill. for defendant-appellee Joel Tellez-Romero.

Before FAIRCHILD, Chief Judge, and CUMMINGS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

The issue in this appeal brought by the United States is whether a defendant's right to compulsory process under the Sixth Amendment of the United States Constitution is violated when the government deports material witnesses to the crime before the defendant has a reasonable opportunity to interview them.

I

The eight defendants-appellees were charged in an indictment on June 30, 1977, with conspiracy to transport and conceal...

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