Eastern District of Michigan finds no ineffective assistance of counsel in 2255 petition for pre-Carpenter failure to make motion to suppress

In this 2255 petition, the Defendant claims his lawyer provided ineffective assistance of counsel by not making a motion to suppress his cell-site location information.

The Court, in denying the petition, observed that hindsight is not how one grades an attorney’s performance given the state of the law at the time of the prosecution. Further, the Court noted that the good faith exception most likely would have applied had his lawyer made the motion.

The case is United States v. D-1, 2019 U.S. Dist. LEXIS 34359, 2019 WL 1040390, E.D. Mich. (March 5, 2019).

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