DeWitt v. United States

ORDER

Samuel DeWitt moved under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence for possessing child pornography, arguing that his attorney provided ineffective assistance for failing to move to suppress a confession he made to police and not uncovering potentially exculpatory evidence. The district court denied the motion. The district judge assumed the truth of DeWitt’s allegations but concluded that a motion to suppress would have been futile and that the evidence that DeWitt identified was not exculpatory. DeWitt challenges these conclusions on appeal and argues that he was…