D.Kan.: Def’s 4A IAC claim fails for failing to show how he’d have won any issue

Defendant’s ineffective assistance of counsel claim for not pursuing a search claim fails for lack of argument of probability of success. “While Vargas makes numerous arguments for alleged errors by counsel, he fails to support a finding that counsel was actually defective as to any of those claims.” United States v. Vargas, 2019 U.S. Dist. LEXIS 126571 (D.Kan. July 30, 2019).*

It was not unreasonable for defense counsel to not file a motion to suppress the search of defendant’s cell phone with a warrant and work out a plea deal considering there was probable cause for the search and the plea saved defendant pen time. Davis v. United States, 2019 U.S. Dist. LEXIS 126906 (S.D. N.Y. July 30, 2019).*

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