Delatorre v. United States

Delatorre was a member of the Insane Deuces street gang. Rivera, a gang member acting as a confidential informant, recorded several meetings and conversations, providing evidence of at least four murders, 11 attempted murders, two solicitations to commit murder, several shootings, and numerous drug offenses. Delatorre was arrested and confessed to involvement in at least three murders. He was convicted of engaging in racketeering conspiracy; murder in aid of racketeering activity; conspiracy to distribute a controlled substance; assault with a dangerous weapon in aid of racketeering activity; distribution of crack cocaine; and possession of a firearm with an obliterated serial number. He was sentenced to life in prison. The Seventh Circuit affirmed; the Supreme Court denied certiorari. Delatorre moved to vacate, set aside, or correct his sentence (28 U.S.C. 2255), arguing, based on his cooperation with authorities, that the prosecutor committed misconduct by reneging on a promise to provide a plea agreement and ineffective assistance by pretrial counsel. The Seventh Circuit affirmed denial of relief, finding the prosecutorial misconduct claim procedurally defaulted because it was not raised in the district court or on direct appeal. Delatorre failed to meet the cause‐and-prejudice standard to overcome procedural default. Delatorre’s pretrial counsel was not deficient and Delatorre suffered no prejudice as a result of counsel’s performance. View "Delatorre v. United States" on Justia Law