Charles J. Thornton v. United States

LEVENTHAL, Circuit Judge:

In this ease we are asked to reconsider our doctrine1 that ordinarily a claim of illegal search and seizure may not be raised collaterally under 28 U.S.C. § 2255. Our prior holdings (supra, note 1) are in accord with the opinions of most of the other circuits, which have ruled that collateral review is not available, either on the law or by way of evidentiary hearing.2 However, there have been recent statements to the contrary— technically in dicta — in circuit opinions 3 based on views believed to be inherent in and required by recent Supreme Court opinions.…