W.D.Ky.: CI’s been buying heroin from def for 3 years, and that’s PC

The named CI’s statement she’d been buying heroin from defendant for three years was probable cause. United States v. Haqq, 2018 U.S. Dist. LEXIS 165936 (W.D. Ky. Sep. 27, 2018).*

Probable cause here was based on the CI’s statement and police observing two controlled buys. United States v. Jones, 2018 U.S. Dist. LEXIS 165931 (E.D. Ky. Sep. 27, 2018).*

Defendant here attempts to use F.R.C.P. 60 to allege a “fraud on the court,” which if anything was a fraud on the state court way back at the investigative stage of the case when the search warrant was issued. Yet, he’s already had a 2255, so this is treated as a successor habeas petition. Finally, it’s a collateral attack waived by the plea agreement. Dorsett v. United States, 2018 U.S. Dist. LEXIS 165679 (E.D. Pa. Sep. 27, 2018).*

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