Defendant raised a colorable claim of a Fourth Amendment violation and ineffective assistance in not pursuing it. Therefore, the district court erred in just assuming defendant would lose on any motion to suppress without a hearing. Reversed. Spriggs v. United States, 2017 U.S. App. LEXIS 14676 (11th Cir. Aug. 9, 2017).
Defendant’s conclusory allegation in this 2255 that defense counsel failed to adequately litigate the motion to suppress fails with that and the waiver of non-jurisdictional defects by the plea. Owens v. United States, 2017 U.S. Dist. LEXIS 123777 (N.D. Tex. Aug. 4, 2017).*