Clark v. United States

MEMORANDUM *

Federal prisoner Wally Lee Clark (“Clark”) appeals from the district court’s denial of his 28 U.S.C. § 2255 habeas petition. Clark’s habeas petition raises constitutional challenges to his federal court conviction, following a jury trial, for: sodomy, in violation of 18 U.S.C. § 1153 and MCA 45-5-505(3); arson, in violation of 18 U.S.C. § 81 ; and second-degree murder, in violation of 18 U.S.C. § 1111 . Specifically, Clark alleges that: (1) his Fourth Amendment rights were violated because the federal grand jury required him to submit blood, hair, and saliva samples without probable cause or a search warrant; and (2) his Sixth Amendment rights were violated because he was deprived of the effective assistance of counsel at trial. The district court denied Clark’s claims without conducting an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. §§ 2253 (a) and 1291, and we affirm.

*759 I. Fourth Amendment Claim

Clark raises his Fourth Amendment challenge to the grand jury subpoena of his blood, hair, and saliva for the first time in these proceedings. The district court found that Clark’s Fourth Amendment claim was procedurally barred pursuant to Stone v.…