CA2: Even if defendant’s stop violated the Fourth Amendment, his assault on the officer not suppressed

Even if defendant’s stop violated the Fourth Amendment, his assault on the officer would not be suppressed. United States v. Jenkins, 2016 U.S. App. LEXIS 15539 (2d Cir. Aug. 24, 2016).

Defendant’s 2255 claim seems to be that the government planted evidence to get a search warrant to search his house, and a Franks hearing should have been held in the beginning. Relitigating the case is not the purpose of a 2255, and this is treated as defaulted. Mann v. United States, 2016 U.S. Dist. LEXIS 114647 (E.D.Ark. Aug. 26, 2016).*

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