John F. Desimone v. Marion Lacy

John S. DeSimone appeals pro se the District Court’s 1 dismissal of his petition for habeas corpus. We affirm.

In 1983 DeSimone was convicted of aiding and abetting a continuing criminal enterprise in violation of 21 U.S.C. § 848 and 21 U.S.C. § 846 and of racketeering in violation of 18 U.S.C. § 1962. He was sentenced concurrently to a ten-year term without possibility of parole for the § 848 violation and to ten-year terms for the § 846 and racketeering violations. On appeal, the Court of Appeals for the Seventh Circuit held that the conviction under 21 U.S.C. § 846 was for a lesser included…