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The underlying claim by Lee for reduction of sentence has its roots in the extensive and convoluted prosecution of the El Rukn street gang.
Defendant Lee was indicted on October 26, 1989, with numerous other gang members. Lee became a cooperating witness and has testified in several proceedings relating to the prosecution and post-conviction hearings for several of the convicted gang members.
Post-conviction proceedings addressed allegations and proof of prosecutorial misconduct in the conduct of some of the criminal cases and resulted in the granting of several new trials by Judge Aspen, Judge Conlon and Judge Holderman, the latter who presided over the instant matter.
We are of the view that at the hearing, the district court intermixed Lee’s claims with its criticisms of procedures and conduct by the former United States attorneys relating to El Rukn gang cases thereby confusing the proceedings and depriving Lee a fair opportunity for consideration.
United States of America, Plaintiff-Appellee, v. Ervin Lee, Defendant-Appellant, 46 F.3d 674 (7th Cir. 1995). US Court of Appeals for the Seventh Circuit – 46 F.3d 674. Argued November 30, 1994. Decided February 2, 1995
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