Barber v. United States

Appellant, Isaac Jack Barber, filed a motion in the sentencing court under 28 U.S.C.A. § 2255 to vacate and set aside his judgment of conviction in that court. He has appealed from an adverse ruling.

In his motion filed in the sentencing court, appellant states the question as follows:

“There is only one question of law to be decided in this motion and it is can the government use evidence illegally seized from the defendant’s home be used against him.”

The agent for the Federal Bureau of Investigation entered appellant’s home and seized a pair of shoes without a search warrant. These shoes were…