United States v. Nix

256 F. Supp. 3d 272, 2017 U.S. Dist. LEXIS 89826
Procedural entryThis page is a short order in United States v. Nix. Read the opinion of the Court — 251 F. Supp. 3d 555
District Court, W.D. New York·Decided June 12, 2017·No. 6:14-CR-06181 EAW·Published

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

Presently before the Court is a motion, filed by Defendant Matthew Nix (“Nix”) on June 5, 2017, seeking the following relief: (1) that one of the jurors who served during the trial — identified as “J.B,” or “Juror No. 3”1 — not receive immunity and be charged criminally; (2) appointment of a special prosecutor in the investigation of Juror No. 3, and recusal of the prosecution from that investigation; and (3) recusal of the prosecution from Nix’s criminal case. (Dkt. 325). Nix also raises, issues related to “discovery” and “conflict at hearing.” (Id. at ¶¶ 67-69).

In addition, in an affirmation filed on June 9, 2017, Nix includes a request that, in the event the present motion is denied, the evidentiary hearing concerning Juror No. 3’s alleged bias be stayed pending review by the Court of Appeals pursuant to 18 U.S.C. § 3771(d)(3). (Dkt. 340 at ¶ 13).

For the reasons set forth below, the Court denies Nix’s motion in its entirety, and also denies his request for a stay.

BACKGROUND

Defendants Matthew Nix and Earl McCoy (“Defendants”) -were convicted on March 17, 2017, after a five-week jury trial of all counts in a 12-count Third Superseding Indictment alleging violations of the Hobbs Act, 18 U.S.C. § 1951(a), and related firearms and narcotics charges, in con[275]*275nection with a spree of home invasions in 2014. (Dkt. 165). After the return of the verdict, and prior to sentencing, Defendants filed post-trial motions pursuant to Fed. R. Crim. P. 29(c) and 33. (Dkt. 286; Dkt. 289). In those post-trial motions, Defendants argue, inter alia, that Juror No. 3 was ineligible to serve on the jury pursuant to 28 U.S.C. § 1865(b)(5) due to undisclosed felony convictions, and his failure to disclose this information during voir dire requires a new trial because of juror bias.

The Court held oral argument on the post-verdict motions on May 15, 2017, at which time the Court indicated that it would hold an evidentiary hearing on the issue of Juror No. 3’s alleged bias. (Dkt. 310). At a subsequent appearance on May 25, 2017, Juror No. 3 appeared and was appointed counsel, and the Court set an evidentiary hearing date of June 12, 2017. (Dkt. 329). At that May 25, 2017, appearance, the Court advised Juror No. 3 that failure to disclose prior felony convictions while under oath during voir- dire or in response to a juror questionnaire made under oath could give rise to criminal prosecution, including perjury under 18 U.S.C. § 1621. (Id. at 6). The Government stated that it would discuss with counsel for Juror No. 3 whether it would grant immunity to Juror No. 3 before the evidentiary hearing. (Id. at 12).2

On June 5, 2017, Nix filed the instant motion. (Dkt. 325). Nix argues that he was “directly and proximately harmed as a result of [Juror No. 3]’s commission of a federal offense,” (Dkt. 326 at ¶ 7), and therefore is a “crime victim” within the meaning of the Crime Victims’ Rights Act (“CVRA”), 18 U.S.C. § 3771 (Dkt. 325 at ¶ 6). Invoking that statute, he requests that this Court force Juror No. 3 to be charged criminally and not be granted immunity. (Id. at ¶ 18). Nix also argues that “[t]he Government is seeking to both prosecute Mr. Nix and immunize the felon juror that perjured himself in order to uphold the unlawful conviction,” (id. at ¶ 37), and that the Government’s position has given rise to “an actual conflict,” (id.), that requires the appointment of a special prosecutor to determine whether Juror No. 3 should be charged criminally (id. at ¶ 36). Furthermore, Nix argues that the Government should be recused from the prosecution of Nix’s criminal case based on a variety of purportedly inappropriate conduct by the Government that, according to Nix, evidences the Government’s intent not to “seek[ ] justice, but only ... the Defendants’ conviction.” (Id. at ¶ 66). Finally, Nix raises issues related to discovery and an alleged conflict. (Id. at ¶¶ 67-69).

The Government filed a response in opposition to Nix’s motion on June 8, 2017, arguing that: (1) Nix has not established that Juror No. 3 committed a federal offense, arid Nix is not a victim under the CVRA; (2) there is no authority for the appointment of a special prosecutor or the disqualification of the U.S. Attorney’s Office; (3) Nix’s motion merely restates “meritless arguments he raised previously;” (4) the request for discovery has already been satisfied; and (5) there is no basis for substitution of counsel of Nix. (Dkt. 339).

On June 9, 2017, counsel for Nix filed a further affirmation in support of his motion. (Dkt. 340). In that affirmation, Nix requests that, in the'event his motion is denied, the Court stay any evidentiary hearing.pending review by the Court of [276]*276Appeals pursuant to 18 U.S.C. § 3771(d)(3). (Id. at ¶ 13).

For the following reasons, the Court denies Nix’s motion in its entirety, as well as his request for a stay.

DISCUSSION

I. CYRA Argument

“The CVRA affords certain rights to victims of a crime.” United States v. Whipple, 155 F.Supp.3d 321, 324 (W.D.N.Y. 2015). As relevant to the instant motion, the CVRA provides the following rights to a crime victim:

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
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(4)The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
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(8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

18 U.S.C. § 3771(a); (see Dkt. 325 at ¶3 (citing subsections of § 3771(a) listed above)). The Court has an affirmative obligation to ensure that these rights are provided. 18 U.S.C. § 3771

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United States v. Nix, 256 F. Supp. 3d 272, 2017 U.S. Dist. LEXIS 89826 (W.D.N.Y. 2017).

256 F. Supp. 3d 272 (United States v. Nix) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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