CA11: 4A claim can’t be brought in a successor 2255

Defendant filed a successor 2255 over the alleged nonexistence of his search warrant, and this doesn’t state ground for a successor petition. “Even if Mallety had presented evidence that the search of the Eden Street apartment was conducted without a lawful search warrant, this concerns his legal, rather that factual, innocence.” In re Mallety, 2019 U.S. App. LEXIS 15560 (11th Cir. May 24, 2019).

The allegations of falsity were negligent at worst and not material. United States v. Romero, 2019 U.S. Dist. LEXIS 86429 (E.D. Cal. May 23, 2019).*

Defendant’s Fourth Amendment habeas claim that the GPS device was unconstitutionally installed is rejected. It was installed four months before Jones and wouldn’t have been held unconstitutional at the time. Therefore, no ineffective assistance of counsel. Woods v. Woods, 2019 U.S. Dist. LEXIS 87745 (W.D. Mich. May 24, 2019).*

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