CA11: Without Carpenter having already been made retroactive, it can’t support a successor habeas

Without Carpenter having already been made retroactive, it can’t support a successor habeas. In re Toth, 2020 U.S. App. LEXIS 29956 (11th Cir. Sept. 18, 2020).

The record supports the district court’s conclusion defendant consented to the search of his car. He’d been stopped for a traffic offense and admitted his driver’s license had been expired for two years. “Rodriguez did not inform him of his right to refuse consent; and Soriano likely believed that incriminating evidence would be found. It also found that three factors favored a finding of voluntariness: the lack of coercive police procedures; the extent of Soriano’s cooperation; and Soriano’s education and intelligence. Although the factors were essentially even on both sides, the district court concluded that, based on the totality of the circumstances, Soriano’s consent was voluntary. We agree and will discuss each factor in turn.” United States v. Soriano, 2020 U.S. App. LEXIS 29925 (5th Cir. Sept. 18, 2020).*