W.D.Va.: Not moving to suppress wasn’t IAC where he wasn’t charged with the stuff from the alleged illegal search

Defendant in his 2255 could not show that defense counsel was ineffective for not moving to suppress drugs that never formed the basis of a charge against him. He was arrested for prior offenses, and then he gave up drugs in his house claiming that the officers used scare tactics on him. He wasn’t even charged with those drugs, and they didn’t even factor into his sentencing guidelines because he was a career offender. United States v. Entsminger, 2017 U.S. Dist. LEXIS 53477 (W.D. Va. April 6, 2017).

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