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GENTRY v. SEVIER

No. 08-3574.

597 F.3d 838 (2010)

Kenneth E. GENTRY, Petitioner-Appellant, v. Mark R. SEVIER, Superintendent of the Miami Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Paul H. Tzur (argued), Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL, for Petitioner-Appellant.

Kelly A. Miklos (argued), Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before POSNER and FLAUM, Circuit Judges, and DER-YEGHIAYAN, District Judge.

DER-YEGHIAYAN, District Judge.

On June 10, 1999, Kenneth E. Gentry was convicted in the Marion Superior Court of Indiana on three counts of burglary and three counts of theft. During the trial, the Government introduced evidence that was obtained by police officers during an encounter with Gentry when the police officers searched Gentry's person and a wheelbarrow he was pushing. At no time before or during the trial did Gentry's counsel move to suppress or object...

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