USA v. Haynes et al

Filing 307

Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss, 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,
ANDRA ALI TAYLOR.

ORDER DENYING MOTIONS
AT DOCKETS 164, 156, and 210

Defendants.

Before the Court at Docket 164 is Defendant Donte Edwards,
with a Motion to Dismiss Counts 1, 2, 3, and 4 of the Indictment
due to insufficiency of the evidence. The Government opposed at
Docket

192.

The

Magistrate

Judge

submitted

a

Report

and

Recommendation at Docket 262 in which he recommended denying the
motion and Defendant filed his objections at Docket 278.
The Court has reviewed all of the relevant documents and,
despite Defendant’s objections, finds the Report and Recommendation
of the Magistrate Judge to be convincing. It is therefore adopted

ORDER DENYING MOTION AT 164, 156, and 210 - 1
4:11-CR-0010-RRB

in its entirety. Based thereon, the Motion to Dismiss at Docket 164
is DENIED. It remains for trial to determine the sufficiency of the
Government’s evidence.
At Docket 156 Defendant Powell filed a Motion to Sever which
Defendant Edwards joined at Docket 210 and which the Government
opposed at Docket 189.
the

motion

in

his

The Magistrate Judge recommended denying

Report

and

Recommendation

at

Docket

238.

Defendant filed his objections at Docket 276. Again, the Court
finds the Magistrate Judge’s recommendation persuasive. The Motion
to Sever at Docket 156 and Joinder at Docket 210 are therefore
DENIED for the reasons set forth by the Magistrate Judge. Moreover,
it is the Court’s view that any prejudice that might occur as a
result of joinder can be addressed by way of an explicit jury
instruction which the Court invites the Defendant to submit.
IT IS SO ORDERED.
ENTERED this 21st day of September, 2011.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER DENYING MOTION AT 164, 156, and 210 - 2
4:11-CR-0010-RRB