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ESCAMILLA v. JUNGWIRTH

No. 04-3666.

426 F.3d 868 (2005)

Nicholas ESCAMILLA, Petitioner-Appellant, v. Eugene JUNGWIRTH, Warden, East Moline Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 14, 2005.

Attorney(s) appearing for the Case

Thomas L. Shriner, Jr., Linda Hansen (argued), Foley & Lardner, Milwaukee, WI, for Petitioner-Appellant.

J. Paul Hoffmann (argued), Office of the Attorney General, Linda Woloshin, Office of the Attorney General, Criminal Appeals Division, Chicago, IL, for Respondent-Appellee.

Before EASTERBROOK, MANION, and SYKES, Circuit Judges.

EASTERBROOK, Circuit Judge.

Nicholas Escamilla was convicted of murder for his role in the death of Hector Olague, who belonged to a rival gang. The prosecution's theory is that Escamilla drove a car that two of his fellow gang members used to hunt down the victim and escape after the shooting. Several eyewitnesses described Escamilla's role. Testifying at his trial consistently with a statement he had made to the police, Escamilla admitted driving the car from which...

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