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U.S. v. ISHMAEL

No. 02-40056.

343 F.3d 741 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rohn Martin ISHMAEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 21, 2003.

Attorney(s) appearing for the Case

Kathleen A. Felton (argued), U.S. Dept. of Justice, Crim. Div., App. Section, Washington, DC, Richard Lee Moore, Asst. U.S. Atty., Tyler, TX, for Plaintiff-Appellee.

G. Patrick Black, Fed. Pub. Def., Amy R. Blalock and Wayne R. Dickey (argued), Asst. Fed. Pub. Defenders, Tyler, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and DENNIS, Circuit Judges, and HEAD, District Judge.

EMILIO M. GARZA, Circuit Judge:

Federal prisoner Rohn Martin Ishmael appeals the district court's denial of his 28 U.S.C. § 2255 petition for habeas relief. The district court granted a certificate of appealability on whether law enforcement officers violated Ishmael's Fourth Amendment rights by employing, without a warrant, thermal imaging devices to detect heat emanating from a hydroponic laboratory located in a commercial building on Ishmael's property.

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