CA3: USM had PC to believe decedent at home to enter to arrest despite his mother’s denials

Despite decedent’s mother’s apparent denial decedent was in the house, U.S. Marshals entered with an arrest warrant for him and probable cause to believe he was there. He died from a gunshot to the head, but the only evidence available indicates that it was a suicide. Dismissal was proper. Estate of Martin v. United States Marshals Serv. Agents, 2016 U.S. App. LEXIS 8604 (3d Cir. May 10, 2016).

Defendant’s spin on another way to look at the search claim in his IAC claim doesn’t change the outcome, so 2255 denied on this ground, too. Austin v. United States, 2016 U.S. Dist. LEXIS 63207 (E.D.Mich. May 13, 2016).*