CA6: No REP from ATF getting access to def’s Instagram posts with false name

Defendant is a felon who posted to Instagram pictures of him firing guns. The ATF got access to his account, and he had no reasonable expectation of privacy in it, even where the ATF agent used a fake name to open an Instagram to communicate with him. As to his car search, “The evidence at trial shows that the officers had probable cause to believe that the weapon Dixson was using at the gun range was in the car, so the search was reasonable.” United States v. Dixson, 2024 U.S. App. LEXIS 14520 (6th Cir. June 13, 2024).

2255 petitioner makes no effort to show that the counsel-waived alleged illegal search claim was meritorious. Vasquez v. United States, 2024 U.S. Dist. LEXIS 105942 (N.D. Tex. June 14, 2024).*

“Defense counsel’s waiver of any contention regarding defendant’s standing to challenge probable cause for the search warrant does not constitute ineffective assistance of counsel inasmuch as a challenge to standing ‘had little or no chance of success’ …” People v. Kohmescher, 2024 NY Slip Op 03287 (4th Dept. June 14, 2024).*

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