Opinion
CRIMINAL 20-21
12-04-2024
UNITED STATES OF AMERICA v. TORRELL JONES, Defendant.
ORDER
CATHY BISSOON, UNITED STATES DISTRICT JUDGE.
The parties' joint Motion (Doc. 230) to bifurcate trial as to Counts 3 & 7 is GRANTED, as follows. Count 4 of the Superseding Indictment (Doc. 120) has been dismissed, see Order at Doc. 232, so the Motion is moot as to that Count. Otherwise, the Court endorses the government's reservation of rights as to Counts 2 & 6 (charging possession of a firearm in furtherance of a drug trafficking crime), consistent with Model Instruction 6.18.924A-1 (regarding the Sparrow factors).
As for the bifurcation of Counts 3 & 7, counsel shall address the issue(s) in their joint proposed jury instructions, which are due December 12, 2024 . See 4th Amended FPTO (Doc. 229). Counsel shall include each side's position regarding whether to proceed under “Alternative 1” or “Alternative 2” in Model Instruction 6.18.922G-1. Alternative 1 contemplates bifurcation as to the prior convictions only, and Alternative 2, bifurcation as to the entire charge under Section 922(g)(1).
Counts 6 & 7 - regarding a firearm possessed on or about January 31, 2020 - appear to address the same firearm, a 9mm Taurus pistol bearing serial no. TJN84771. Given that the Counts appear to address the same firearm, Alternative 1 seems more fitting (because evidence regarding the firearm, generally, will be the same).
As to Counts 2 & 3 - regarding firearm(s) possessed on or about August 15, 2019 - it is unclear which firearm is attributed in Count 2's charge of possession in furtherance of a drug trafficking crime. In this context, whether Alternative 1 or Alternative 2 is more appropriate appears less clear. The Court will grapple with these issues, in a vacuum, no further. Counsel must address them in their joint proposed jury instructions.
IT IS SO ORDERED.