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  5. 863 F.Supp. 131 (1994)
 

U.S. v. ESCOBAR

Nos. SS 84 Cr. 51(MEL), 92 Civ. 1283(MEL) and 93 Civ. 3565(MEL).

863 F.Supp. 131 (1994)

UNITED STATES of America, v. Severo ESCOBAR, Defendant.

United States District Court, S.D. New York.

June 24, 1994.

Attorney(s) appearing for the Case

Mary Jo White, U.S. Atty., S.D.N.Y., New York City, for U.S. (Bruce G. Ohr, Asst. U.S. Atty., of counsel).

James M. LaRossa, LaRossa, Mitchell & Ross, New York City, for defendant (Susan G. LaRossa, of counsel).

LASKER, District Judge.

In 1984, Severo Escobar was tried and convicted in absentia of drug related charges. He moves to vacate his sentence under 28 U.S.C. § 2255 on the grounds that his trial in absentia was impermissible under Crosby v. United States, ___ U.S. ___, 113 S.Ct. 748, 122 L.Ed.2d 25 (1993), because he was not present at the outset of the trial.

The government answers that Escobar's petition does not present a constitutional violation...

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