Defendant’s 2255 Fourth Amendment/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn’t be ineffective for not coming up with that. United States v. Fonville, 2019 U.S. Dist. LEXIS 134949 (E.D. Mich. Aug. 12, 2019).
Defendant’s Franks challenge came post verdict. Even assuming it was timely based on what was learned at trial, it fails for lack of a “substantial basis” of knowing or reckless falsity. United States v. Mayweather, 2019 U.S. Dist. LEXIS 135413 (D. Minn. Aug. 12, 2019).*
Defendant was stopped at an immigration checkpoint and was told that his car was going to be inspected. Therefore, there is no issue of consent. He was seized at the checkpoint and couldn’t leave. United States v. Norris, 2019 U.S. Dist. LEXIS 135165 (D. Ariz. Aug. 12, 2019).*