Opinion
Case No. 2:13-cr-191
11-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. JAYSON L. KINNEY, Defendant.
Judge Peter C. Economus
MEMORANDUM OPINION AND ORDER
This matter is before the Court for consideration of both Defendant's and the Government's motions to sever Count 1 from Counts 2 and 3. (Dkts. 11, 16.) Count 1 of the indictment charges Defendant with unlawful possession of a firearm on or about July 29, 2009. Counts 2 and 3 charge Defendant with distribution of cocaine base on or about February 15 and 16, 2011, respectively. (Dkt. 1.)
Defendant asserts that Count 1 was improperly joined with Counts 2 and 3, inconsistent with the requirement of Rule 8 that the offenses be "of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan." Fed. R. Crim. P. 8(a). The Government responds that "all counts stem from an investigation into narcotics and firearms activity in Zanesville, Ohio," and explains that the firearm charge "stems from a search warrant of a residence in which it was suspected that narcotics trafficking was occurring." (Dkt. 16.) However, due to the significant time lapse between the activities charged in Count 1 and Counts 2 and 3, the Government stated that it also "would move this Court to sever Count 1 from Counts 2 and 3 for trial." (Id.)
The Court hereby GRANTS the parties' motions (Dkts. 11, 16) and ORDERS that Count 1 shall be severed from Counts 2 and 3 for the purpose of trial.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE