USA v. Haynes et al
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
Case No. 4:11-cr-0010-RRB
ANDRA ALI TAYLOR.
ORDER DENYING MOTIONS
AT DOCKETS 164, 156, and 210
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
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
in its entirety. Based thereon, the Motion to Dismiss at Docket 164
is DENIED. It remains for trial to determine the sufficiency of the
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 Magistrate Judge recommended denying
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
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