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U.S. v. BAKER

No. 12-6624.

719 F.3d 313 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Mario N. BAKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 13, 2013.

Attorney(s) appearing for the Case

ARGUED: John W. Akin , University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Michael F. Murray , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Neal L. Walters , Benjamin P. Kyber , Third Year Law Student, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia; Richard D. Cooke , Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge KEENAN joined.

WILKINSON, Circuit Judge:

Defendant Mario Nathaniel Baker was convicted of multiple federal firearm and drug offenses based on evidence that police officers uncovered while searching his vehicle during a traffic stop. Baker's counsel never challenged the constitutionality of the search, either through a suppression motion or on direct appeal. After his conviction became final, Baker filed a motion under 28 U.S.C. § 2255 seeking to vacate, set aside, or correct...

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