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Wednesday, July 22, 2009

Ind. Decisions - One prisoner appeal today from the 7th Circuit

In Brock v. U.S. (SD Ind., j. McKinney), a 13-page opinion, Judge Bauer writes:

After police searched two of his residences, David C. Brock was convicted of possessing, with the intent to distribute, methamphetamine and cocaine, and of being a felon in possession of a firearm. Several years later, Brock brought a motion under 28 U.S.C. § 2255, claiming to have located a previously unavailable witness, Reginald Godsey, who was prepared to testify that the officers coerced him into consenting to a search of the house he and Brock shared. Therefore, Brock claims, the search was non-consensual and violated his Fourth Amendment rights, and the evidence found in that house must be suppressed, with his sentence vacated or reduced accordingly. The district court denied Brock’s motion—a decision we affirm.

Posted by Marcia Oddi on July 22, 2009 01:04 PM
Posted to Ind. (7th Cir.) Decisions