United States v. Westmoreland, No. 10-3961 (7th Cir. 2013)
Annotate this CaseWestmoreland was convicted first for conspiracy to distribute a controlled substance, and in a second trial, for additional counts stemming from the murder of the wife of his partner in drug-dealing: causing the death of a person through the use of a firearm during a drug trafficking crime; using interstate commerce facilities to commit murder for hire; conspiring to commit murder for hire; tampering with a witness by committing murder; and causing the death of a witness through use of a firearm. His convictions were affirmed in 2001 and 2002. In 2002 he moved for a new trial, based on outrageous conduct, including the fact that a state police officer had an affair with his wife and a recantation. The court took no significant action before denying the motion in 2010. The Seventh Circuit affirmed, finding that Westmoreland did not present “newly discovered evidence” and was not prejudiced by allegedly ineffective assistance of counsel.
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