Fernando Medina Cantu v. United States

In June 1972, Fernando Medina Cantu was convicted of conspiracy to possess with intent to distribute and of conspiring to distribute marihuana and was sentenced to five years in prison to be followed by a special parole term of three years. This court affirmed his conviction on direct appeal. United States v. Cantu, 469 F.2d 679 (5th Cir. 1972), cert. denied, 411 U.S. 908, 93 S.Ct. 1536, 36 L.Ed.2d 197 (1973). In September, 1978, Cantu filed a motion to vacate his sentence under 28 U.S.C. § 2255, asserting first, that the trial court erred in admitting a co-conspirator’s out-of-court…