United States v. Gerald Tisdale and Kevin Middleton, Rudy Forman

Defendant-appellant Kevin Middleton appeals from the judgment of the United States District Court for the Southern District of New York (Miriam Goldman Ce-darbaum, Judge) entered July 14, 1998, convicting appellant, after a jury trial, of conspiracy to distribute cocaine base, and related counts. Appellant’s main argument on appeal is that he was denied the effective assistance of counsel because his trial counsel failed to move to suppress evidence obtained by the police during a raid on co-defendant Gerald Tisdale’s residence. 1

When premising an ineffectiveness claim on a suppression issue,…