Opinion
Case No. 3:11-cr-00012-11
07-13-2012
UNITED STATES OF AMERICA v. LAMONT COTTON
Document #802 is DENIED for the present with leave to renew as the case proceeds.
Senior Judge
MOTION OF DEFENDANT LAMONT COTTON
FOR SEVERANCE OF DEFENDANTS AND INCORPORATED
MEMORANDUM OF LAW
COMES NOW the Defendant, Lamont Cotton, by and through his undersigned counsel, and pursuant to Federal Rules of Criminal Procedure 8(a)&(b), 12(b) and 14, hereby respectfully moves the Court for an Order severing Mr. Cotton (11) from all of the remaining defendants (1-10; 12-28) charged in the indictment. (Docket Entry 202).
Background
The indictment charges 28 individuals with conspiracy to distribute and posses with intent to distribute: (1) "500 grams or more of . . . [powder] cocaine;" and, "280 grams or more of . . . cocaine base [crack]." Id. The indictment then descends to substantive counts presumably mirroring the two stated objects of the conspiracy: defendants 3, 18, 19 & 20 are charged in Count Two with possessing with intent to distribute crack cocaine; Mr. Porter is charged by himself in Count Three with possessing with intent to distribute crack cocaine; defendant 28 is charged in Count Four with operating a drug house; Mr. Cotton is charged by himself in Count Five with possessing with intent to distribute powder cocaine; and, defendant 7 is charged in Count Six with possessing with intent
Count Five charges Mr. Cotton with possession with intent to distribute approximately 4.5 ounces of powder cocaine seized from a Charter Communications work van parked on his premises