USA v. Haynes et al

Filing 296

Order on Motion to Dismiss, Order on Motion to Sever Defendant, Order on Report and Recommendations

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA
Plaintiff,
Case No. 4:11-cr-0010-RRB

vs.
BRANDON HAYNES,
WILLIE WILSON,
DONTE EDWARDS,
ANTHONY GADSOON,
JOE POWELL,
NATASHA WOLFE,
GALEN MALAMUTE,
ANDA ALI TAYLOR.

ORDER DENYING MOTIONS
OF DEFENDANT WILSON

Defendants.

Before the Court at Docket 188 is Defendant Willie Wilson with
a Motion to Dismiss Counts 1,2,3,5, and 6 of the Indictment due to
insufficiency of evidence and vagueness. The Government filed its
opposition at Docket 207 and Defendant filed a reply at Docket 223.
The Magistrate Judge issued a Report and Recommendation at Docket
250 recommending denial of the motion, to which no objections were
filed by Defendant Wilson. For the reasons set forth by the
Magistrate Judge in his Report and Recommendation, which the Court

ORDER DENYING MOTIONS RE WILLIE WILSON - 1
4:11-CR-0010-RRB

hereby accepts and adopts, the Motion to Dismiss at Docket 188 is
DENIED. It will be for the jury to determine the sufficiency of the
Government’s evidence.

Moreover, the Indictment is sufficient to

notify Defendant Wilson of the crimes for which he is charged.
At Dockets 220 and 221 Defendant Wilson requests that Count II
be severed from the remaining Counts and that Counts V, VI, and VII
be severed from the remaining Counts. The Government opposes at
Docket 208 and Defendant files replies at Dockets 223 and 224.
Although

the

pleadings

are

somewhat

confused,

the

Court

has

reviewed them all and understands the respective positions of both
parties. The Magistrate Judge filed a Report and Recommendation at
Docket 258 in which he recommended that the motions to sever be
denied.

The Court hereby accepts and adopts the aforesaid Report

and Recommendation and, for the reasons set forth therein, hereby
DENIES the Motions to Sever at Dockets 220 and 221.

Any concerns

which Defendant has with regard to prejudice can be addressed by an
appropriate jury instruction which the Court invites the Defendant
to submit.
The Court further notes that at Docket 156 Defendant Powell
filed a Motion to Sever which Defendant Wilson joined at Docket
173. The Magistrate Judge has recommended that this motion be
denied for reasons similar to his recommendation with regard to the

ORDER DENYING MOTIONS RE WILLIE WILSON - 2
4:11-CR-0010-RRB

motion Wilson filed on his own behalf. Defendant Wilson did not
object to the Magistrate’s recommendation. The Court hereby accepts
and adopts the Report and Recommendation of the Magistrate Judge at
Docket 238 and hereby DENIES the Motion to Join at Docket 173 and
the

Motion

to

Sever

at

Docket

156.

Under

the

facts

and

circumstances of this case the Court concludes that all of the
Defendants can be adequately tried at one time with any potential
prejudice resolved by appropriate jury instructions.
IT IS SO ORDERED.
ENTERED this 20th day of September, 2011.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER DENYING MOTIONS RE WILLIE WILSON - 3
4:11-CR-0010-RRB