E.D.Cal.: Chain of custody after execution of a SW isn’t a 2255 ground

Chain of custody after execution of a search warrant isn’t a 2255 ground. It’s a trial issue that was waived and only goes to credibility of evidence for the jury. United States v. Smith, 2020 U.S. Dist. LEXIS 163635 (E.D. Cal. Sept. 8, 2020).

Defendant’s trespassing on private property at 2 am justified a stop and frisk. United States v. Flores, 2020 U.S. Dist. LEXIS 163205 (D. Colo. Sept. 8, 2020).

In a motion for new trial, “Defendant attacks a search warrant that he says lacked probable cause. But he did not make a pretrial motion to suppress evidence obtained through the search warrant. Fed. R. Crim. P. 12(b)(3)(C). He offers no excuse for this delay, and only dedicates three sentences of his brief to the issue. The Court finds that this late and undeveloped argument does not justify a new trial.” United States v. Wills, 2020 U.S. Dist. LEXIS 163174 (S.D. Tex. Sept. 8, 2020).*