CA5: Assuming def’s suppressed search led to custody and his incriminating jail call, the call was attenuated under Strieff

The district court suppressed one of defendant’s searches that led to his arrest. While in jail, he made incriminating phone calls about the location of drugs. Assuming that the call from the jail was a fruit of the unreasonable search, the court refuses to suppress under Strieff finding it attenuated. United States v. Reed, 2019 U.S. App. LEXIS 26282 (5th Cir. Aug. 29, 2019).

2255 petitioner made conclusory claims without factual support that his attorney failed to provide effective assistance of counsel in a search claim. He didn’t overcome the presumption of effective representation. James v. United States, 2019 U.S. Dist. LEXIS 147043 (E.D. Tenn. Aug. 29, 2019).*

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