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GARDNER v. U.S.

No. 10-1576.

680 F.3d 1006 (2012)

Derrick GARDNER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 2012.

Attorney(s) appearing for the Case

Kevin S. Ranlett , Brian J. Wong (argued), Attorneys, Mayer Brown LLP, Washington, DC, for Petitioner-Appellant.

David E. Bindi (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Respondent-Appellee.

Before BAUER, ROVNER, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

A federal jury convicted Derrick Gardner of possession of a firearm by a felon, prohibited by 18 U.S.C. § 922(g)(1), after police frisked him and discovered a pistol inside his coat pocket. Gardner insisted that the police had planted the gun on him; this led his lawyer to believe that he could not argue that the firearm was the fruit of a suspicionless search. In this collateral proceeding under 28 U.S.C. § 2255, Gardner argues that...

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