The following excerpt is from United States v. Reyes-Yanez, 16cr1283-MMA-3, 21cv415-MMA (S.D. Cal. 2021):
Likewise, counsel was not ineffective for failing to challenge the admissibility of the wiretap evidence. Where defense counsel's failure to litigate a Fourth Amendment claim competently is the principal allegation of ineffectiveness, the defendant must also prove that his Fourth Amendment claim is meritorious . . .. Kimmelman v. Morrison, 477 U.S. 365, 375 (1986). Defendant has not demonstrated that any such challenge would have succeeded.
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