Opinion
CR. NO. S-11-317-MCE CR. NO. S-11-439-JAM
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT TODD BRUCE, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. ROBERT TODD BRUCE, Defendant.
BENJAMIN B. WAGNER United States Attorney Michelle Rodriguez MICHELLE RODRIGUEZ Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
MICHELLE RODRIGUEZ
Assistant U.S. Attorney
MOTION AND STIPULATION TO RELATE CASES AND ORDER
Under Local Rule 83-123(3) & (4), the United States hereby notifies the Court of the filing of a related case and further moves that the case be related.
On July 25, 2011, an Indictment was filed initiating case number CR. S-11-317-MCE against defendant Bruce. This matter was assigned to the Hon. Morrison C. England. The initial Information charges Bruce with 2 counts of EDCA unarmed bank robbery (18 U.S.C. 2113(a)). On October 6, 2011, another Information was filed, case no. CR. S-11-439-JAM against Bruce. This Information charges Bruce with 3 additional counts of bank robbery (in the Northern District of California). The investigation in the two cases (11-317-MCE and 11-439-JAM) reveals that Bruce's criminal activity is linked as similar conduct on different occasions/sprees.
The United States submits that Cr. 11-439-JAM should be related before Judge England with the EARLIER charged case against Bruce, Cr. 11-317-MCE. In each case, there are related evidence issues, sentencing issues, and similar witness concerns. Bruce's defense counsel, Assistant Federal Defender Matthew Bockmon, stipulates that the matters are properly related. In addition, relating Cr. 11-439-JAM with the EARLIER case (Cr. 11-317-MCE) would be efficient for the U.S. Probation Office.
BENJAMIN B. WAGNER
United States Attorney
Michelle Rodriguez
By:
MICHELLE RODRIGUEZ
Assistant U.S. Attorney
RELATED CASE ORDER
Examination of the above-captioned matter, CR. NO. S-11-439-JAM, and the EARLIER criminal action in CR. NO. S-11-317-MCE
reveals that the actions are related within the meaning of Eastern District Local Rule 123. The actions involve the same defendant, similar crimes, including 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 more convenient for the parties.
The parties should be aware that relating the cases under Eastern District Local Rule 123 merely has the result that the actions are assigned to the same judge. No consolidation of the actions is effected.
IT IS THEREFORE ORDERED that the action denominated 2:11-cr-00439, United States of America v. Robert T. Bruce is reassigned to Judge Morrison C. England, Jr. for all further proceedings, and any dates currently set in this reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:11-cr-00439-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.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE