Marty Luke v. United States

BENTON, Circuit Judge.

Marty L. Luke moved to set aside his conviction and sentence under 28 U.S.C. § 2255. The district court 1 denied the motion. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I

Police stopped Luke while he was riding in his wife’s car near his parked truck. They suspected him of involvement in several recent burglaries based on: (1) eyewitnesses identifying him as the driver of a similar truck near the burglaries, (2) the recovery of stolen jewelry in Luke’s brother’s house during a planned search, and (3) observing Luke and his brother pawn jewelry similar…