United States v. Bailey, No. 07-3719 (2d Cir. 2011)
Annotate this CaseDefendant appealed from convictions of possession with intent to distribute at least five grams of cocaine base, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime. Defendant also appealed the district court's denial of a motion to vacate his conviction pursuant to 28 U.S.C. 2255. At issue was whether the district court erred in denying defendant's motion to suppress evidence obtained during his detention because the search and seizure of defendant's person and property were conducted in violation of his rights under the Fourth Amendment and whether the district court erred in denying defendant's section 2255 motion because he received constitutionally ineffective assistance of counsel in violation of his rights under the Sixth Amendment. The court held that defendant's detention during the search of his residence was justified pursuant to Michigan v. Summers and that the district court, therefore, did not err in denying his motion to suppress evidence obtained during that detention. The court also held that defendant failed to demonstrate that his counsel's alleged ineffective assistance was prejudicial and therefore, the district court did not err in denying the section 2255 motion. Accordingly, the court affirmed the judgments of the district court.
The court issued a subsequent related opinion or order on February 21, 2014.
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