Opinion
BENJAMIN B. WAGNER, United States Attorney, MICHELLE RODRIGUEZ, Assistant U.S. Attorney, Sacramento, CA.
MOTION TO RELATE CASES AND ORDER
MORRISON C. ENGLAND, Jr., Chief District Judge.
HEREBY, under Local Rule 83-123(3) & (4), the United States notifies the Court of the filing of a related case and the United States further moves that the case be related.
On May 22, 2014 an Indictment was filed initiating case number CR. S-14-0149-MCE against Woods. This matter, CR. S-14-0149 MCE, was then assigned to the Hon. Morrison C. England, Jr. The Indictment charged Woods with distribution of child pornography in violation of 18 USC 2252(a)(2) and the Indictment contained a forfeiture allegation under 18 USC 2253(a).
In anticipation of resolution, on February 5, 2015 the United States, by Information in CR S-15-032-KJM, further charged Woods with possession of sexually explicit images of minors in violation of 18 USC 2252(a)(4)(B). As with the Indictment, the Information contains an identical forfeiture allegation under 18 USC 2253(a).
The United States submits that the latter case (the Information charging Woods in Cr. S-15-0032 KJM) be related to the prior case, CR. S-14-0149-MCE, and reassigned to the Hon. Morrison C. England, Jr. Each matter involves the same or similar underlying facts, discovery, and potential witnesses. The United States submits that, through relating the cases, a substantial savings of judicial time and resources of the probation office would be achieved. Defense counsel for defendant Woods, AFD Matthew Scoble, is in agreement with this motion to relate cases.
ORDER
Examination of the above-captioned matters, to wit, (1) case number CR. S-14-0149-MCE against defendant Woods, and (2) CR. S-15-0032 against defendant Woods, reveals that the actions are related within the meaning of Local Rule 83-123. The actions involve similar transactions, including as to defendant, victims, and witnesses, and would therefore entail a substantial duplication of labor if heard by different judges. Accordingly, the assignment of the matters to the same judge is likely to effect a substantial savings of judicial effort and is also likely to be convenient for the parties.
The parties should be aware that relating the cases under Local Rule 83-123 merely has the result that the actions are assigned to the same judge. No consolidation of the actions is effected. Under the regular practice of this court, related cases are assigned to the judge to whom the first filed action was assigned.
IT IS THEREFORE ORDERED that the actions are assigned and related to U.S. District Court Judge England, for all further proceedings. Henceforth, the caption on documents filed in the cases shall show the initials "MCE".
IT IS FURTHER ORDERED that the clerk of the Court make appropriate adjustment in the assignment of criminal cases to compensate for this reassignment.