United States v. Cruz, No. 14-2017 (10th Cir. 2014)
Annotate this CaseDefendant Raul Cruz was convicted by a jury of knowingly and intentionally possessing with intent to distribute methamphetamine. He was sentenced to 63 months' imprisonment. Cruz subsequently filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255, arguing that his trial counsel was ineffective for failing to move to suppress evidence on the grounds that the search warrant when executed on Cruz’s residence was neither signed nor dated by the issuing judge. The district court denied Cruz relief on that claim. Cruz appealed. Finding no reversible error, the Tenth Circuit affirmed.
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