D.D.C.: Def’s 4A IAC claim fails because he can’t show he’d prevail on merits of search

Defendant can’t show that his Fourth Amendment claim would have succeeded on the seizure of evidence from a car for IAC purposes. “Here, Miller, having focused almost exclusively on standing to the exclusion of the remainder of his burden, cannot prevail on his Fourth Amendment IAC claims. More to the point, even assuming that (a) counsel’s alleged failures amount to constitutional deficiency, and (b) competent counsel would have presented evidence establishing the defendant’s Fourth Amendment standing, Miller has not come close to showing either that his suppression claim would have succeeded or that excluding the 22 boxes would have produced a different verdict.” United States v. Miller, 2018 U.S. Dist. LEXIS 204256 (D.D.C. Dec. 3, 2018).*