The Defendants have not met this standard and, consequently, the Court will not hold a Franks hearing. Defendants do not progress very far under the Strickland test, because they do not even manage to identify any actual errors. Defendants argue that trial counsel erroneously pre- pared the denied Franks motion. They contend that trial counsel should have alleged that McGauley's misstate- ments were deliberately or recklessly made. However, effective assistance certainly does not mean counsel must claim to have information he actually lacks, simply hoping his client will benefit from his speculation.
Franks forbids exactly that, as the district court pointed out.
That meant that defendants were precluded from having an evidentiary hearing, not that counsel should have falsely claimed to have informa- tion he lacked in hopes of finagling a hearing. C. Miscellaneous Donald Lamb challenges the sufficiency of the evidence supporting his conspiracy conviction. He points out that agents did not search his house and argues that he simply used cocaine he bought from Ruby Lamb and Helen Jack- son. We note, furthermore, that the argument that Agent McGauley deliberately deceived the court to obtain the warrant is unfounded. Probable cause would certainly have existed had the allegedly false statements been excised from the affidavit.