United States v. Maranghi

718 F. Supp. 1450, 1989 U.S. Dist. LEXIS 10643, 1989 WL 102288
CourtDistrict Court, N.D. California
DecidedJuly 26, 1989
DocketNo. CR-88-0763 EFL
StatusPublished

This text of 718 F. Supp. 1450 (United States v. Maranghi) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Maranghi, 718 F. Supp. 1450, 1989 U.S. Dist. LEXIS 10643, 1989 WL 102288 (N.D. Cal. 1989).

Opinion

ORDER GRANTING MOTIONS TO SEVER

LYNCH, District Judge.

INTRODUCTION

This matter is before the Court on defendants’ motions to sever under Fed.R. Crim.P. 8(b). On February 17, May 3, and again on July 21, the government has filed proffers of facts which it feels justify the [1451]*1451joinder of offenses and defendants in one trial before this Court.

DISCUSSION

According to the government’s account1 Sergio Maranghi and LoMonaco collaborated during 1987-88 to sell both cocaine and heroin, for which Zavala was a primary source. John Maranghi was storing these drugs for his father. On different occasions, Parviz, Biradelli and Beitashour were introduced as additional sellers and/or intermediaries. An undercover agent made several purchases. In late 1988 LoMonaco and Iantorno sold a kilogram of cocaine to a second government agent. The roles of Ruffa, Miglioli, Messina, Ariza, and Miranda are unexplained except for the cursory language of the indictment.

Multiple defendants may be charged in a single indictment “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.” Fed.R.Crim.P. 8(b). Rule 8(b) balances the judicial efficiency inherent in group trials with fairness to the individual defendant, whose case would be prejudiced if it were presented alongside those of defendants whose unrelated crimes could incite the passion of the jury against him. “The rules are designed to promote economy and efficiency and to avoid a multiplicity of trials, where these objectives can be achieved without substantial prejudice to the right of defendants to a fair trial.” Bruton v. U.S., 391 U.S. 123, 131 n. 6, 88 S.Ct. 1620, 1625 n. 6, 20 L.Ed.2d 476 (1968), quoting Daley v. United States, 231 F.2d 123, 125 (1st Cir.1956).

The limits set by Rule 8(b) cannot be taken lightly. Misjoinder can constitute reversible error, which hardly serves the cause of efficiency. The trial court is forced to size up the evidence against the defendants before it is proved before a jury. In so doing, courts have followed two approaches in defining the “series of acts or transactions” which permit the joint trial.

The first is a functional test derived from the goals of efficiency and fairness; it might be termed the “overlapping evidence” test. In an early case the Ninth Circuit stated that “Rule 8(b)’s ‘goal of maximum trial convenience consistent with minimum prejudice’ is best served by permitting initial joinder of charges against multiple defendants whenever the common activity constitutes a substantial portion of the proof of the joined charges.” United States v. Roselli, 432 F.2d 879, 899 (1970), citing 8 Moore’s Federal Practice at 8-36.

Roselli involved a “card-peeking” scheme with a changing roster of participants who cheated in card games at the Friars Club. Racketeering and tax charges against several defendants were prosecuted in one trial. “Because of [the] large area of overlapping proof, trial economy and convenience were served by joinder, and because the area of proof that would be inadmissible at separate trials was relatively small, any additional prejudice to the defendants from the joinder was slight.” Id. at 899.

Though it is not a requirement, this overlap would ordinarily appear on the face of the indictment itself.2 The indictment here does no more than identify a series of drug transactions and the dates on which they took place. Nowhere does it explain the connection between an individual transaction and those defendants not directly charged with it. Because the government has been adamant about trying the defendants en masse, the Court has given it several opportunities to supplement the indictment with a proffer of evidence. What has been provided still will not support the joinder of all defendants under Rule 8(b).

[1452]*1452The “overlapping evidence” test suggests a rule of proportionality: for each defendant, the relevant evidence at trial should exceed the irrelevant. Accordingly, the government cites cases in which joinder is found proper even though a defendant appears in most, but not all, counts, and where he directly participates in most, but not all, of the acts which constitute the offense. In U.S. v. Martinez, 479 F.2d 824 (1st Cir.1973), a generous example of join-der, the government combined the prosecution of two heroin sales, five days apart, by two men in the same apartment to the same undercover agent. A third defendant, charged with aiding and abetting one sale but not the other, objected to his inclusion in their trial. The Court of Appeals upheld the joinder.

The case against a defendant like Ruffa is entirely different. He is charged with the distribution of approximately one-half gram of cocaine on January 11, 1989. The evidence relevant to that one transaction will be dwarfed by that offered to prove the existence of an international drug conspiracy involving a dozen other defendants and an untold number of other deals — all irrelevant to the offense with which Ruffa has been actually charged, the only offense the government is willing to prove against him. The possibility for prejudice by association is enormous. During trial there would be an endless litany of admonitions as to whom each piece of evidence was admitted. The jury would be saddled with the hopeless task of segregating the facts. The same analysis applies in varying degrees to the other defendants charged with individuated offenses during discrete time periods.

The Ninth Circuit reached a similar conclusion in U.S. v. Satterfield, 548 F.2d 1341 (1977) (Kennedy, J.). In that case Merri-weather and Satterfield were charged in two counts with two bank robberies they had committed together. These charges were joined at trial with three bank robberies that Merriweather committed alone during the same summer. Satterfield’s conviction was reversed:

[T]his is not a situation where substantially the same facts would have been adduced at separate trials. Since a nexus between each offense charged in the indictment was absent, we cannot say, on these facts, that the five robberies each arose out of the same series of acts or transactions. Joinder of Satterfield cannot be justified merely because the robberies which Merriweather perpetrated alone were somewhat similar in character to the robberies in which both defendants participated.

Id. at 1345.

The government would distinguish Sat-terfield by supplying that nexus. It alleges that the transactions in the indictment were part of a larger strategy to lay a pipeline for the importation of heroin and cocaine from abroad.

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718 F. Supp. 1450, 1989 U.S. Dist. LEXIS 10643, 1989 WL 102288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maranghi-cand-1989.