Summary
finding that witness tampering and retaliation conspiracy charges were properly joined with RICO conspiracy charge because the alleged RICO conspiracy provided motive for alleged witness tampering and retaliation
Summary of this case from United States v. ObieOpinion
CASE NO.: 8:08-cr-323-T-23TGW.
January 21, 2009
ORDER
The defendant (1) moves pursuant to Rule 8(a), Federal Rules of Criminal Procedure, (Doc. 63) to sever the trial of Count One (RICO conspiracy) from the trial of Counts Three and Four (witness tampering) and (2) moves pursuant to Rules 8(b) and 14(a), Federal Rules of Criminal Procedure, (Doc. 64) to sever his trial from that of his co-defendants. The United States opposes both motions (Doc. 83).
Pursuant to an order of referral, United States Magistrate Judge Thomas G. Wilson conducted a hearing and issued his report (Doc. 162) recommending denial of both motions. The defendant objects (Doc. 165) to the report and recommendation.
The defendant's objections to the report and recommendation (Doc. 165) are OVERRULED. The magistrate judge's report and recommendation (Doc. 162) is ADOPTED. The motions to sever (Docs. 63 and 64) are DENIED.
ORDERED in Tampa, Florida.