United States District Court, D. Nebraska
R. Zwart United States Magistrate Judge.
Good has filed a motion to sever and for in camera review of
statements, claiming joinder of his claims with all other
defendants is prejudicial. Good further “asserts his
right to speedy trial and does not consent to have his trial
delayed because charges against him have been joined with
charges against other defendants.” (Filing No.
reasons discussed below, the motion to sever and motion for
in camera review will be denied, but without prejudice to
re-asserting fourteen days before trial. Defendant's
right to speedy trial has been and will continue to be
of counts in an indictment is governed by Rule 8 of the
Federal Rules of Criminal Procedure which provides:
(a) Joinder of Offenses. The indictment or information may
charge a defendant in separate counts with 2 or more offenses
if the offenses charged--whether felonies or misdemeanors or
both--are of the same or similar character, or are based on
the same act or transaction, or are connected with or
constitute parts of a common scheme or plan.
(b) Joinder of Defendants. The indictment or information may
charge 2 or more defendants if they are alleged to have
participated in the same act or transaction, or in the same
series of acts or transactions, constituting an offense or
offenses. The defendants may be charged in one or more counts
together or separately. All defendants need not be charged in
even when joinder is proper under Rule 8, pursuant to Rule 14
of the Federal Rules of Criminal Procedure, a judge may order
severance if joinder at trial will prejudice the defendant.
See United States v. Wadena, 152 F.3d 831, 849 (8th
Cir. 1998). Rule 14 provides:
(a) Relief. If the joinder of offenses or defendants in an
indictment, an information, or a consolidation for trial
appears to prejudice a defendant or the government, the court
may order separate trials of counts, sever the
defendants' trials, or provide any other relief that
(b) Defendant's Statements. Before ruling on a
defendant's motion to sever, the court may order an
attorney for the government to deliver to the court for in
camera inspection any defendant's statement that the
government intends to use as evidence.
granting or denying of a motion to sever rests in the
discretion of the court. The defendant bears the burden of
showing that, absent severing the claims, he will be
prejudiced at trial. Willi ...