Defendant\u2019s 2255 fails for a lack of prejudice because defendant can\u2019t show that he\u2019d prevail on the motion to suppress if it had been filed. (The government also argued that the plea agreement\u2019s waiver provisions barred the 2255 because the 2255 was ambiguous as to what was being attacked. The court went to the IAC claim anyway.) United States v. Parker, 2016 U.S. Dist. LEXIS 166442 (N.D.Ill. Dec. 2, 2016).*<\/p>\n
Defendant loses his 2255 on the consent search grounds claiming that defense counsel advised him to consent after an illegal search. The proof shows the defendant consented before that. Melter v. United States, 2016 U.S. Dist. LEXIS 168966 (W.D.Pa. Dec. 7, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s 2255 fails for a lack of prejudice because defendant can\u2019t show that he\u2019d prevail on the motion to suppress if it had been filed. (The government also argued that the plea agreement\u2019s waiver provisions barred the 2255 because the … Continue reading