Thus, the defendant argues that the May Court logically concluded that firearms are "tools of the drug trade" and the terms of the warrant in that case permitted the seizure of firearms. United States v. May, 446 Fed.Appx. 652 (4th Cir. 2011). --------

Whether the issuing judge had a substantial basis for finding probable cause is reviewed under the totality of the circumstances. United States v. May, 446 Fed.Appx. 652, 654 (4th Cir. 2011). When evaluating whether probable cause exists, the issuing magistrate may consider the reliability of a SOI or CS.

Sergeant Hunter knew with certainty which property was to be searched, and any reasonable magistrate reviewing his Affidavit would come to the same conclusion. See United States v. May, No. 5:08-CR-331-FL, 2009 WL 928386, at *8 (E.D.N.C. Apr. 3, 2009), aff'd, 446 F. App'x 652 (4th Cir. 2011) ("Courts have repeatedly held that an incorrect address, including an incorrect house number, does not invalidate a warrant where there is some other reasonably specific description of the property."). Even "where a warrant contains a technical inaccuracy, a sufficient description of the premises, especially where the executing officer had knowledge of the particular place to be searched, will meet the Fourth Amendment's particularity requirement."

The court sentenced petitioner on January 5, 2010, to a total term of imprisonment of 300 months. Petitioner appealed and the court of appeals affirmed his conviction and sentence. U.S. v. May, 446 Fed. Appx. 652, 653 (4th Cir. 2011).In April 2012, petitioner moved to vacate his sentence under 28 U.S.C. § 2255 on the basis that United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), rendered invalid

The court sentenced petitioner on January 5, 2010, to a total term of imprisonment of 300 months. Petitioner appealed and the court of appeals affirmed his conviction and sentence. U.S. v. May, 446 Fed.Appx. 652, 653 (4th Cir. 2011). In April 2012, petitioner moved to vacate his sentence under § 2255 on the basis that United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), rendered invalid his conviction for felon in possession of firearm.

" U.S. v. Ward, 171 F.3d 188 (4th Cir. 1999)(citing United States v. Ricks, 882 F.2d 885 (4th Cir. 1989); United States v. Soto, 959 F.2d 1181 (2d Cir. 1992). The Fourth Circuit recently decided the same issue, albeit in an unpublished decision, United States v. May, 446 Fed.Appx. 652 (4th Cir. 2011), stating: Pursuant to FRAP 32.1(b), a copy of U.S. v. May is attached.