Defendant’s Franks argument in the district court didn’t argue that probable cause would be lacking. The search warrant affidavit as a whole shows probable cause. “On appeal, Fuller does not contend that he made the requisite ‘substantial preliminary showing,’” and he didn’t. He doesn’t get a hearing just to test his theories. United States v. Fuller, 2019 U.S. App. LEXIS 222 (6th Cir. Jan. 4, 2019).
There was no ineffective assistance of counsel with the motion to suppress. “Although the Court eventually adopted the recommendation of the Magistrate Judge and denied the motion to suppress, it was not due to any ineffective assistance of counsel, but rather because the facts and law did not support Defendant’s claims.” United States v. Penaloza-Romero, 2019 U.S. Dist. LEXIS 1433 (D. Minn. Jan. 4, 2019).*