Read US v. Carlson, 09-2766

Defendant's conviction for conspiring to distribute and possessing with intent to distribute 500 grams or more of methamphetamine is affirmed where: 1) the coercive aspects of a police interview were largely irrelevant to the custody determination except where a reasonable person would perceive the coercion as restricting his or her freedom to depart; 2) there were no exceptional circumstances warranting an evidentiary hearing regarding allegedly newly discovered evidence; and 3) to the extent defendant was raising ineffective assistance of counsel, such a claim should be pursued in a 28 U.S.C. section 2255 proceeding.

Appellate Information

• Submitted 05/14/2010
• Decided 07/27/2010
• Published 07/27/2010

Judges

• Bobby E. Shepherd

Court

• United States Eighth Circuit

Counsel