United States v. Samuels, Jr., No. 10-5108 (10th Cir. 2011)
Annotate this CaseAfter pleading guilty to possession of crack cocaine with intent to deliver and being sentenced to 210 months, the defendant appealed. The Tenth Circuit affirmed denial of a motion to suppress and declined to rule on a claim of ineffective assistance of counsel. The district court then rejected a collateral motion based on ineffective assistance. The defendant next filed an unsuccessful motion for a writ of error coram nobis, arguing actual innocence and that the evidence had been planted. One of the officers involved in his case had been indicted for planting evidence in another case. The Tenth Circuit affirmed,characterizing the claims as a frivolous repeat of matters addressed on direct appeal. The court also noted that the motion was inappropriate because the defendant is in custody and has not served his sentence.
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