The government didn’t raise validity of the scope of the full protective sweep before the USMJ and waived it after the R&R. United States v. Salazar, 2018 U.S. Dist. LEXIS 10212 (D. N.M. Jan. 23, 2018).
Defendant’s cell phone search was pre-Riley and valid under law at the time, so defense counsel wasn’t ineffective for not challenging the lack of warrant. West v. United States, 2018 U.S. Dist. LEXIS 11207 (D. Md. Jan. 24, 2018).*
The court finds defendant’s consent was voluntary, therefore, defense counsel can’t have been ineffective. Riquene v. United States, 2018 U.S. Dist. LEXIS 11079 (M.D. Fla. Jan. 24, 2018).*