United States v. Tisdale, No. 19-1901 (6th Cir. 2020)Annotate this Case
Tisdale, Davis, and Hill held prominent positions in Detroit's "Playboy Gangster Crips," which committed hundreds of home invasions. On January 31, 2017, Tisdale and other gang members approached a house on Stout Street, threw a brick through the window, and left. They met with Davis and drove back to rob the house. As they exited their Jeep, someone shot at them from the house. Tisdale returned fire. A bullet from the house hit Tisdale’s leg. The gang members left. Federal agents obtained a warrant to search Tisdale’s home and discovered incriminating evidence. Tisdale, Hill, Davis, and 11 others were indicted. Many pleaded guilty; a jury convicted Tisdale, Hill, and Davis of racketeering conspiracy, 18 U.S.C. 1962(d), and convicted Tisdale of assault with a dangerous weapon in aid of racketeering and of using a firearm during a crime of violence, sections 1959(a)(3), 924(c). The district court sentenced Tisdale to 252 months, Hill to 246 months, and Davis to 144 months.
The Sixth Circuit affirmed, rejecting arguments that the affidavit used to support the search warrant lacked probable cause; that the court should have granted Davis’ motion to sever; that the court should have granted a mistrial after jurors inadvertently saw the defendants in the hallway escorted in handcuffs by marshals; that the court erred in refusing to instruct the jury on self-defense; and that the court erred by instructing the jury that firing a gun qualifies as “brandishing.”