U.S. v. ESPINAL-MEJIA

93-CR-381.

852 F.Supp. 3 (1994)

UNITED STATES of America, v. Carlos Mario ESPINAL-MEJIA, Lesbia Martha Espinal, a/k/a Lesbia Martha Castillo-Martinez, Benito Antonio Mainieri-Medina, a/k/a Tony Giacommo Paternostro-Ruiz, Diego Suarez-Guzman, Lesbia Udit Castillo-Martinez, a/k/a Lesbia Udit Arrieta, Roger Castillo-Gonzales, Luz Estella DeFatima Tamayo-Morales, Defendants.

United States District Court, N.D. New York.

May 11, 1994.


Attorney(s) appearing for the Case

Gary L. Sharpe, Albany, NY (Don Kinsella, Asst. U.S. Atty., of counsel), for U.S.

Brownstein, Booth, and Barry, Union City, NJ (Alex. W. Booth, Jr., of counsel), for defendant Mejia.


MEMORANDUM-DECISION-ORDER

McAVOY, Chief Judge.

Currently before the Court is a pre-trial motion filed by defendant Carlos Mario Espinal-Mejia. Within this motion, the defendant seeks a severance based upon alleged misjoinder of counts and defendants in the indictment. The Court will address these issues seriatim.

a. misjoinder of counts

Federal Rule of Criminal Procedure 8(a) allows joinder of offenses in the same indictment in different...

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