Defendant filed a 2255 to set aside his conviction under Carpenter because the government in 2015 used CSLI to aid in his conviction. Defense counsel wasn\u2019t ineffective for not pursuing what he claims is the trial court\u2019s hint to challenge the CSLI because it wouldn\u2019t have succeeded at the time anyway. McConico v. United States, 2019 U.S. Dist. LEXIS 11663 (E.D. Mich. Jan. 24, 2019).<\/p>\n
The government showed probable cause and particularity to obtain defendant\u2019s for CSLI. Even so, the good faith exception applies. United States v. James, 2019 U.S. Dist. LEXIS 12339 (D. Minn. Jan. 25, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant filed a 2255 to set aside his conviction under Carpenter because the government in 2015 used CSLI to aid in his conviction. Defense counsel wasn\u2019t ineffective for not pursuing what he claims is the trial court\u2019s hint to challenge … Continue reading