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112846P.pdf   07/26/2012  Marty Luke  v.  United States
   U.S. Court of Appeals Case No:  11-2846
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
   Prisoner case - habeas. Luke's claim that his attorney was ineffective
   in failing to file a motion to suppress was properly rejected where the
   motion could not have succeeded because police had probable cause to
   stop Luke and saw ammunition through the window of his vehicle;
   district court did not err in finding Luke was not credible when he
   claimed he instructed his attorney to file an appeal, and the attorney was
   not ineffective in not filing an appeal; Luke's attorney was not ineffective
   in not requesting a mental evaluation.