122566P.pdf   08/08/2014  Aaron Anderson, Jr.  v.  United States
   U.S. Court of Appeals Case No:  12-2566
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit Judges] 
   Habeas Case - motion to vacate. On claim of ineffective assistance of 
   counsel for failing to file a motion to suppress and move for a hearing 
   pursuant to Franks v. Delaware based on officer's false affidavit that 
   trash cans were located at the curb, counsel was not deficient for 
   declining to file a Franks motion because counsel could have reasonably 
   conclude that evidence showing that the trash was not at the curb would 
   meet Franks threshold. Even if trash cans were located within the 
   curtilage, Anderson did not allege the cans were inaccessible to members 
   of the public and thus there is no reasonable expectation of privacy; 
   counsel is not ineffective for failing to pursue a motion to suppress that 
   he reasonably believes would be futile. District court did not abuse its 
   discretion in denying motion to alter the judgment or reopen the judgment 
   because the evidence could have been offered earlier.