Successor habeas denied for lack of certification from the court of appeals. Defendant was convicted in 2009, and his first 2255 was filed in 2012. This one claims his 2008 or so CSLI was invalid under Carpenter. Henderson v. United States, 2019 U.S. Dist. LEXIS 108532 (E.D. Mo. June 28, 2019).*<\/p>\n
Officers came to defendant\u2019s home looking for a dangerous fugitive they had a tip was there. He was found by the district court to have consented to the entry. After guns were seen in the sweep for the fugitive, defendant said they were his. He was, however, a convicted felon, and the officers then got written consent to search form. On appeal, he argues for the first time the oral consent was invalid, too, but that\u2019s deemed waived. The credibility determination on the written consent is affirmed. United States v. Warwick<\/a>, 2019 U.S. App. LEXIS 19460 (10th Cir. June 28, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" Successor habeas denied for lack of certification from the court of appeals. Defendant was convicted in 2009, and his first 2255 was filed in 2012. This one claims his 2008 or so CSLI was invalid under Carpenter. Henderson v. United … Continue reading