Defense counsel’s failure to move to suppress was not ineffective assistance of counsel because (1) it wasn’t shown to be meritorious and (2) wouldn’t affect the outcome of the conspiracy conviction. United States v. Aybar, 2017 U.S. Dist. LEXIS 155112 (M.D. Fla. Sept. 22, 2017):
Also, Aybar fails to explain why a successful motion to suppress the North Carolina stop, which was conducted by officers not participating in the Florida undercover investigation, would justify an acquittal on the conspiracy charge. Kimmelman v. Morrison, 477 U.S. 365, 375 (1986) (holding that a defendant must prove both that the underlying Fourth Amendment claim was meritorious and a reasonable probability of a more favorable verdict absent the suppressible evidence). Aybar’s failure to establish prejudice precludes relief on this ground of ineffective assistance of counsel.