United States Seventh Circuit

Conviction and sentence for drug crimes and firearms possession is affirmed where the court properly denied plaintiff's motion under 28 U.S.C. section 2255 as plaintiff's claim that newly discovered evidence would have triggered the exclusionary rule if presented earlier is barred by Stone v. Powell's limitation on the exclusionary rule in collateral attacks.

Appellate Information

• Argued 01/16/2009
• Decided 07/22/2009
• Published 07/22/2009

Judges

• BAUER, Circuit Judge., Before BAUER, FLAUM and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Jason Novak, Attorney (argued), Hinshaw & Culbertson, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Sangika K. Rao, Attorney (argued), Department of Justice, Washington, DC, for Respondent-Appellee.