Opinion
Criminal Docket No. 3:04CR255-V.
March 3, 2006
ORDER
THIS MATTER is before the Court on Defendant's Motion To Sever, filed February 3, 2006, and the Government's Response In Opposition, filed February 13, 2006. (Documents #115, #118)
For the reasons stated in the Government's response, the Court, in its discretion, will not sever Defendant Florencio Sanmiguel's trial from the trial of his remaining co-defendants.
IT IS, THEREFORE, ORDERED that Defendant's motion is hereby DENIED. However, Defendant may renew his motion between now and the commencement of the trial term on March 20, 2006, if he is able to make a sufficient showing regarding the willingness of his co-defendants to testify on his behalf and that the proffered testimony would, in fact, be exculpatory.