Merely alleging there was a basis for a suppression motion that was not filed does not allege IAC under Strickland. United States v. Action, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012):<\/p>\n
[B]y arguing that “there was a sufficient basis to file a motion to suppress,” and that the defense “had nothing to lose and everything to gain” by filing the motion, Defendant does not establish ineffective assistance of counsel. Defendant must do more than allege there were grounds for filing the motion; he must prove that the motion would have been granted. He must move beyond asserting that there was no downside to filing the motion; he must establish a reasonable probability that, but for counsel’s failure to file the motion, the result of his proceeding would have been different. <\/p><\/blockquote>\n
Defendant\u2019s repeated refusal to remove his hands from his pockets during a traffic stop became reasonable suspicion. United States v. Fletcher, 2012 U.S. Dist. LEXIS 79795 (M.D. Tenn. June 8, 2012).*<\/p>\n
When defendant\u2019s DL was called in, there was a note to call his federal PO, which happened. That did not unreasonably extend the length of the stop. United States v. Campbell, 2012 U.S. Dist. LEXIS 81083 (E.D. Tenn. May 22, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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