Opinion
3:10-00260-3
02-15-2012
UNITED STATES OF AMERICA v. AHMAD ABULNASIR AHMAD
MOTION TO REMOVE PARAGRAPH ONE FROM THE SECOND
SUPERCEDING INDICTMENT AS SURPLUSAGE
Comes the defendant by and through counsel to move this Honorable Court to remove Paragraph One from the Second Superceding Indictment as surplusage, pursuant to Rule 7(d) of the Federal Rules of Criminal Procedure. The defendant specifically objects to reading paragraph one of the Second Superceding Indictment to the Jury as it contains allegations that are not charged in the indictment. Paragraph Two adequately states the charges against the defendants.
Paragraph One alleges that the defendants are members of two gangs, which is not a charge found in the Second Superceding Indictment, and is prejudicial to the defendants. The gang appellation will inflame the jury and is inappropriate unless and until a gang affiliation is proved by testimony.
Paragraph One, parts e and f contain the same information found in the paragraph two and allows the Government to have the defendants names listed twice in order from one to thirty, in addition to being listed in the remaining allegations in the indictment.
Wherefore Defendant Ahmad moves the Court to prevent paragraph one from being read to the Jury.
RESPECTFULLY SUBMITTED:
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THOMAS J. DRAKE JR.
405 ½31st AVE N STE B
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing has been sent to AUSA Van Vincent, and AUSA Blance Cook, Suite A961, 110 9th Ave S, Nashville TN 37203, and counsel for co-defendants by electronic filing on January 11, 2012.
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THOMAS J. DRAKE JR.