United States Jonathan Bulluck, No. 13-255-cr (Summary order of March 24, 2016 (Leval, Calabresi, Lynch):
The Court did not a issue a published opinion today. Its one summary order affirmed the denial of an ineffectiveness claim for lack of prejudice, on the ground that the search of a bag (which contained drugs)in a car stop would have been upheld as a valid “automobile frisk.”
This was the second appeal to the same panel, after a prior summary order concluded that counsel’s performance was deficient in failing to argue that the defendant, a cab passenger, had a reasonable expectation of privacy in the plastic bags in the back of the cab. United States v. Bullock, 556 Fed. Appx. 18 (2d Cir. 2014)(Bullock I). The suppression motion had originally been denied on the ground that the passenger had no expectation of privacy in the back of the cab in general, …