Judge Joanna Seybert
Oppedisano was suspected of insurance fraud. Police searching his apartment under a warrant related to the fraud investigation discovered white powder and ammunition. Under a second warrant, 83 bullets and a white powder—testing positive for cocaine—were seized. After defense counsel controverted only the second warrant, Oppedisano was convicted of being a felon-in-possession of ammunition and possessing cocaine. In his opening statement counsel set the stage for a defense that the bullets and powder were intentionally placed. The court denied Oppedisano 28 USC §2255 relief vacating conviction and sentence. It rejected his claims that counsel was ineffective because he did not controvert the first search warrant, failed to sever or bifurcate trial, and injected prejudicial matters into trial. The existence of probable cause highlighted counsel's strategic decision not to controvert the first warrant. Also, counsel used "tactical considerations" by admitting that Oppedisano was under investigation for insurance fraud. Counsel's concession that Oppedisano was under investigation provided a context for why police were in his apartment and developed his defense that the government intentionally planted evidence therein.
