No. 88-3192.

896 F.2d 252 (1990)

Ben GOMEZ, Petitioner-Appellant, v. James GREER, Warden, Menard Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 1990.

Rehearing and Rehearing Denied March 21, 1990.

Attorney(s) appearing for the Case

Robert D. Seeder, Federal Defender Program, Carol A. Brook, Office of the Federal Public Defender, Chicago, Ill., for petitioner-appellant.

Terence M. Madsen, Sally L. Dilgart, Asst. Attys. Gen., Thomas L. Ciecko, Deputy Atty. Gen., Office of the Atty. Gen., Crim. Appeals Div., Chicago, Ill., for respondent-appellee.

Before CUMMINGS and EASTERBROOK, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 21, 1990.

EASTERBROOK, Circuit Judge.

Serophino Gonzalez, age 17, was fixing his bicycle the evening of June 11, 1982. Two youths got out of a nearby car and emptied their weapons into Gonzalez before fleeing. He died quickly. The police arrested Jesse Alanis, Jacob Santana, and Ben Gomez. In separate statements, they agreed that one person drove the car and the other two assassinated Gonzalez.

Gomez claimed...

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