Defendant\u2019s conclusory 2255 allegations of IAC fail. \u201cDefendant does not establish that, had counsel objected to the indictment and moved to suppress evidence, that the objections and motions would have been granted and that the outcome of his trial would have been different. His conclusory allegations of improper charges and unlawful evidence are unsupported in the record and warrant no relief. Regardless, the claims were waived by Defendant’s guilty plea.\u201d United States v. Mtaza, 2017 U.S. Dist. LEXIS 170534 (S.D. Tex. Oct. 16, 2017).*<\/p>\n
\u201cIn sum, because Shanklin has not shown \u2018that his Fourth Amendment claim[s] [are] meritorious and that there is a reasonable probability that the verdict would have been different absent the [allegedly] excludable evidence, he cannot \u201cdemonstrate actual prejudice\u201d\u2019 for purposes of establishing ineffective assistance of counsel on this ground. Soto, 794 F.3d at 646.\u201d United States v. Shanklin, 2017 U.S. Dist. LEXIS 167640 (W.D. Ky. Oct. 10, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s conclusory 2255 allegations of IAC fail. \u201cDefendant does not establish that, had counsel objected to the indictment and moved to suppress evidence, that the objections and motions would have been granted and that the outcome of his trial would … Continue reading