Henry Dennis Stamps v. United States

Stamps appeals from the denial, without an evidentiary hearing, of his application under 28 U.S.C. § 2255 for relief from his conviction, under 21 U.S.C. § 174 , for possession of heroin. He argues that the heroin introduced at his trial was the fruit of an illegal search and seizure.

We have reviewed the record, including our court’s decision in Stamps v. United States, 406 F.2d 925 (9th Cir. 1969), which affirmed, on direct appeal, the conviction herein attacked. From that review, we have concluded that the District Court properly exercised its discretion in rejecting, “on the basis of the motion, files, and records,” Kaufman v. United States, 394 U.S. 217 , 89 S.Ct. 1068 , 22 L.Ed.2d 227 (1969), Stamps’ Fourth Amendment claims. See Thornton v. United States, 125 U.S.App.D.C. 114 , 368 F.2d 822, 833 (1966) (Wright, J., dissenting).

The challenged search was made in connection with a lawful arrest, an arrest warrant having been issued. The arresting officers gave notice of their authority and purpose when they appeared at the house in which Stamps was arrested. Only after hearing a commotion within and footsteps sounding to the officers as if one were running away from the…