Cunningham v. United States

finding, inter alia, that failure to move to suppress evidence prior to trial as required by Fed.R.Crim.P. 12(f) constituted a procedural bar to a § 2255 motion unless defendant could show cause and prejudice | "[T]he ICC regulations ... make a carrier liable to the public for negligent acts of the vehicle's driver...." | denial of severance “will be reversed only upon the appellant’s successfully assuming the heavy burden of showing that he suffered substantial prejudice due to joint trial” | “[T]he ICC regulations ... make a carrier liable to the public for negligent acts of the vehicle’s driver_” | “[W]e do not suggest that an attorney-client privilege is lost by the mere fact that the information communicated is otherwise available to the public. The privilege attaches not to the information but to the communication of the information.”