Is Movant entitled to relief on a Fourth Amendment claim?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Mallett, No. 2:02-cr-0416-GEB-JFM (E.D. Cal. 2011):
Movant's claim arises, if at all, under the Fourth Amendment.2 Movant is not entitled to relief on a Fourth Amendment claim where he had a full and fair opportunity to litigate his Fourth Amendment claim at the time of the underlying trial. See Tisnado v. U.S., 547 F.2d 452, 456 (9th Cir. 1976) (citing Stone v. Powell, 428 U.S. 465, 481 & n.16 (1976)). Movant has made no showing that he did not have that opportunity at trial. This claim should be denied.
3. Claim Sixteen
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