No. 90-2429.

932 F.2d 676 (1991)

Jose MELGOZA, Petitioner-Appellant, v. Howard A. PETERS and Roland Burris, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 16, 1991.

Attorney(s) appearing for the Case

Jeffrey Urdangen, Ross Alan Keene, Chicago, Ill., for petitioner-appellant.

Terence M. Madsen, Richard S. London, Carol J. Ludwig, Asst. Attys. Gen., Chicago, Ill., for respondents-appellees.

Before WOOD, Jr., FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

Jose Melgoza was convicted of murder in Illinois as a result of a drive-by shooting in which he was the driver. After exhausting his state court remedies, he filed a petition for a writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2254. Melgoza's petition alleged that his sentence was unconstitutionally excessive and that he was deprived of due process because the trial court, over his objection, instructed

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