D.Neb.: SW for cell phone defeats motion for return of phone for time being

Defendant’s cell phone was seized when he was arrested. Five days later, the government sought a search warrant for the phone. Defendant isn’t yet entitled to return of the phone. United States v. Gonzalez, 2019 U.S. Dist. LEXIS 61279 (D. Neb. Apr. 10, 2019).

Defendant’s 2255 claims are procedurally barred; they were raised on direct appeal. The separate discrete claim defense counsel failed to attempt to undermine the drug dog’s reliability doesn’t show prejudice. Winters v. United States, 2019 U.S. Dist. LEXIS 61648 (E.D. Tenn. Apr. 10, 2019).*