U.S. v. Robertson

Full title: UNITED STATES OF AMERICA v. JAMES ROBERTSON et al

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Sep 27, 2011

CASE NO. 8:08-CR-240-T-17TBM (M.D. Fla. Sep. 27, 2011)

Opinion

CASE NO. 8:08-CR-240-T-17TBM.

September 27, 2011

ORDER

ELIZABETH KOVACHEVICH, District Judge

THIS CAUSE is before this Court on Defendant's, Corey Hulse, Motion to Sever (Doc. 103), Defendant's, James Robertson, Motion to Dismiss (Doc. 80), Motion to Suppress (Doc. 81), and Motion to Adopt Hulse's Motion to Sever (Doc. 109).

In regards to Defendant Hulse's Motion to Sever, this Court incorporates by reference the arguments presented at this morning's hearing and the three (3) cases cited by the Government. See i.e., Zafiro v. U.S., 506 U.S. 534 (1993); U.S. v. Chavez, 584 F.3d 1354 (11th Cir. 2009); and United States v. Talley, 108 F.3d 277 (11th Cir. 1997). Defendant Hulse's Motion to Sever is DENIED.

In regards to Defendant Robertson's Motion to Dismiss, Motion to Suppress, and Motion Adopting Defendant Hulse's Motion to Sever, this Court incorporates by reference the arguments presented at this morning's hearing and the Government's written response (Doc. 102). Defendant Robertson's Motion to Dismiss, Motion to Suppress, and Motion Adopting Defendant' Hulse's Motion to Sever are DENIED.

In regards to the additional issues raised at this morning's hearing, some of those issues have been addressed through previous order of this Court (Docs. 120, 121). The outstanding and continuing issue of Defendant Hulse's wrist, which Defense Counsel Brown made an oral motion pursuant to at this morning's hearing, is GRANTED (Doc. 114). The Defendant is hereby ordered to receive therapy for his broken wrist.

The two additional issues have been discussed with the U.S. Marshall's Service this afternoon. Defendants' issues regarding lockdown and meals is to be rectified immediately. If the issue of meals and lockdown is not rectified, the parties are to notify this Court by motion.

Accordingly, it is:

ORDERED Defendant Hulse's Motion to Sever is DENIED. Defendant Robertson's Motion to Dismiss, Motion to Suppress, and Motion to Sever are DENIED. Defendant Hulse's Oral Motion to receive therapy on his broken wrist is GRANTED. DONE AND ORDERED in Chambers at Tampa, Florida.