The affidavit for the search warrant attached defendant’s sealed indictment. Together they showed probable cause. Defendant doesn’t get a Franks hearing because of the omission that he was in the military. United States v. Owens, 2017 U.S. Dist. LEXIS 199143 (W.D. N.Y. Dec. 4, 2017).
2255 petitioner’s Fourth Amendment ineffective assistance of counsel claim fails because there clearly was probable cause for issuance of the search warrants and application of the good faith exception if not. Flanders v. United States, 2017 U.S. Dist. LEXIS 199851 (S.D. Fla. Dec. 1, 2017).*