Defendant’s claim was that alleged cocaine wrappers found were actually wrappers for peanut butter and jelly sandwiches and that’s a Franks violation. “The only evidence that Defendant has produced to support his contention that the bags contained sandwiches is the affidavit of a convicted felon who was deported to Trinidad and Tobago in August of 2016 and who may have been an unindicted co-conspirator in the Dickson DTO. This is not the kind of ‘reliable statement’ that can overcome a search-warrant affidavit’s presumed validity.” There’s no attempt at showing a knowing falsity. And, setting aside the challenged statements, there still was probable cause. United States v. Badenock, 2021 U.S. Dist. LEXIS 67856 (S.D. Tex. Apr. 7, 2021).
This successive habeas petition is denied because it’s not based on new constitutional law; it’s based on alleged newly discovered evidence of a Fourth Amendment violation which petitioner can’t show was really new. In re Green, 2021 U.S. App. LEXIS 10083 (6th Cir. Apr. 7, 2021).*