from the United States District Court for the Middle District
of Florida D.C. Docket Nos. 3:12-cv-00881-MMH-MCR,
ED CARNES, Chief Judge, HULL, and JULIE CARNES, Circuit
Campbell, a federal prisoner proceeding pro se,
appeals the district court's dismissal of his 28 U.S.C.
§ 2255 motion alleging ineffective assistance of
counsel. A jury found Campbell guilty of drug and firearms
offenses and he was sentenced to 195 months in prison. We
affirmed his convictions and sentence on direct appeal.
Campbell then filed this § 2255 motion, contending that
his pretrial counsel rendered ineffective assistance in
investigating and litigating his motion to suppress evidence.
The district court denied Campbell's § 2255 motion
without an evidentiary hearing on the grounds that Campbell
could not establish deficient performance or prejudice. This
is his appeal.
FACTS AND PROCEDURAL HISTORY
2008, Detectives Richard Hughey and Charles Bates of the
Jacksonville Sheriff's Office received a tip from a
confidential informant that Campbell was using United Parcel
Service and Federal Express to ship marijuana to
Jacksonville. The detectives used computer databases to
identify several addresses associated with Campbell, one of
which was 7635 Praver Drive East in Jacksonville. Detective
Hughey contacted William Brown, a UPS employee, and told
Brown to notify him if UPS received any packages designated
for the addresses associated with Campbell.
January 2009, a UPS driver told Brown that he had a package
addressed for a "Maureen Lawrence" at the Praver
house. Brown took the package to his office, opened it, and
found that it contained marijuana. Brown contacted Detective
Hughey, and he and Detective Bates arrived at the UPS
facility shortly thereafter to inspect the package. The
detectives saw the marijuana sitting in the open package,
determined that it was in fact marijuana, resealed the
package, and decided to make a controlled delivery of the
package. The detectives also obtained an anticipatory search
warrant to execute after successful delivery of the package.
officers set up surveillance around the Praver house before
making the controlled delivery. Detective Hughey observed a
man, later identified as Campbell's brother, Alex, drive
up to the house, pull into the garage, and close it. About
five minutes later he opened the garage and drove off. A few
minutes after Alex left, another vehicle arrived at the house
and the passenger, who the police identified as Campbell, got
out. The vehicle drove off, and a detective dressed in
plainclothes walked up to Campbell in the front yard of the
house to give him the package. Campbell stated that the
package might belong to a sibling with the last name of
Lawrence, but accepted the package and then put it inside the
garage. He then closed the garage door from the outside,
knocked on the front door, and an individual later identified
as Tamario Wiley opened the front door and let Campbell
inside. A few minutes later, Alex returned to the house,
drove his vehicle inside the garage, and closed the garage
door from the inside.
officers executed the search warrant about ten minutes later.
They found the UPS package in a car parked in the garage;
that car also contained another 50-pound package of
marijuana. As the officers searched the house for marijuana,
they found a number of other incriminating items: four
firearms, including an assault rifle with a 100-round
magazine; a laptop with an open screen displaying a UPS
tracking number; a money counter; several thousand dollars in
cash; a lease agreement naming Alex as the lessee of the
Praver house; lease agreements for other houses; and storage
unit rental agreements.
police arrested Campbell and his brother. When police asked
Campbell where he lived, he initially gave the P.O. Box
listed on his driver's license, but then identified the
Praver house as his residence. The police searched Campbell
and found over $5, 000 in cash and a small amount of
marijuana on his person.
police used the documents from the Praver house to obtain
search warrants for storage unit 226 at Atlantic Self-Storage
and a house located at 4708 Trevi Drive in Jacksonville.
Police found over $500, 000 in cash at the storage unit. At
the Trevi house, police found money grams; hotel, car rental,
and airline receipts; various notes containing addresses,
phone numbers, and tracking numbers; and storage unit rental
agreements. Those rental agreements led the police to conduct
more authorized searches at other storage units, one of which
(storage unit 2002) contained an assault rifle and boxes of
shipping receipts connected to marijuana shipments.
jury indicted Campbell, Alex, his mother, and his sister with
conspiracy to distribute 1, 000 kilograms or more of
marijuana, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(A) and 846. Campbell and his brother were also charged
with possessing marijuana with intent to distribute, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and
possession of a firearm in furtherance of a drug trafficking
crime, in violation of 18 U.S.C. § 924(c)(1)(A).
filed a motion to suppress the evidence obtained from
Brown's search of the package at the UPS facility, the
officers' search of the Praver house, and the search of
storage unit 2002. He also sought to exclude evidence taken
from storage unit 226 and the Trevi house as fruits of the
poisonous tree. As relevant here, the government argued that
Campbell did not have standing to ...