CA2: IAC claim not proper on motion for new trial

The district court acted within its discretion to deny a motion for new trial on an ineffective assistance of counsel claim for not moving to suppress before the trial. Defendant can raise it in post-conviction. United States v. Atuana, 2020 U.S. App. LEXIS 18431 (2d Cir. June 11, 2020).

After a hung jury, defendant is proceeding pro se in the second trial. A motion to suppress was denied before first trial. Renewing the motion before the second trial is untimely. “In any event, such a motion would be undoubtedly frivolous, as prior counsel recognized. Even setting aside the question as to whether defendant would have standing to challenge a search of Ms. American Horse’s vehicle, she testified at defendant’s first trial that she gave consent for the search.” United States v. Pond, 2020 U.S. Dist. LEXIS 102409 (D. S.D. June 11, 2020).*