| D. Illinois [N.D.] |
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Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.2010Hale v. United States, No. 1:08 CV 94 (N.D. Ill. 7-22-2010) -- Defendant was convicted of one count of solicitation to commit a crime of violence -- U.S. District Court Judge Joan Lefkow -- and three counts of obstruction of justice. He was sentenced to 480 months in prison, and his conviction was affirmed on appeal. He subsequently filed a § 2255 motion, alleging that his conviction was unconstitutional or otherwise illegal. Among other things, Hale argued that his Sixth Amendment rights were violated due to the ineffective assistance of counsel. Specifically, he argued that his counsel failed to file a motion to suppress the seizure of computers on the grounds that the warrant was invalid. On that issue, the District Court concluded that there was ample nexus between the criminal allegations and the electronic equipment seized to support the issuance of the search warrant. Since defendant could not introduce facts to show a motion to suppress would have been successful, the failure to introduce such a motion was not ineffective assistance of counsel. |
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