United States Eighth Circuit

Dismissal of a petition for a writ of habeas corpus from a conviction for possessing with the intent to deliver cocaine base and failing to affix a drug tax stamp is affirmed over a procedurally defaulted Fifth Amendment claim and a meritless claim that his trial counsel was ineffective for failing to file pre-trial motions to suppress evidence.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lynn Rose, Mears Law Office, Iowa City, IA, for Appellant., Tyrie Bell, Federal Correctional Institution, Greenville, IL, pro se.


• For Appellees:
  
• Robert P. Ewald, Attorney General's Office, Gary Lee Hayward, Asst. U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Appellees.