Varela v. United States

A jury found Salome Varela guilty of one count of participating in a RICO conspiracy, 18 U.S.C. § 1962(d); four counts of violating the Hostage Taking Act, 18 U.S.C. § 1203(a); one count of conspiracy to kidnap, id.; one count of kidnapping, 18 U.S.C. § 1201(a); one count of assault on a federal officer, 18 U.S.C. § 111; and three counts of using a firearm during a crime of violence, 18 U.S.C. § 924(c). On January 28, 1998 the district court sentenced Varela to consecutive terms of life and forty-five years imprisonment. After his conviction and sentence were affirmed on direct appeal, Varela filed a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255, arguing that his Sixth Amendment confrontation right was violated when a witness testified as to the incriminating statements of a non-testifying co-defendant. Finding, as the district court did, that the issue is procedurally barred, we affirm the decision below.