United States v. Thompson

219 F. Supp. 3d 502, 2016 U.S. Dist. LEXIS 187938, 2016 WL 7045741
CourtDistrict Court, M.D. Pennsylvania
DecidedNovember 2, 2016
DocketNo. 4:16-cr-00019-19
StatusPublished

This text of 219 F. Supp. 3d 502 (United States v. Thompson) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thompson, 219 F. Supp. 3d 502, 2016 U.S. Dist. LEXIS 187938, 2016 WL 7045741 (M.D. Pa. 2016).

Opinion

MEMORANDUM

Matthew W. Brann, United States District Judge

I. BACKGROUND

Speakers of nearly every tongue have developed their own variation on the human truism “you are the company you keep.” A stark reminder of the influence our contemporaries have on us and of the innate desire to associate with those we consider similar to ourselves, the truism was bluntly commemorated at Proverbs 13:20: “He that walketh with wise men shall be wise: but a companion of fools shall be destroyed.” One might suggest that the truism underlies the evidence at the heart of this motion to sever, weighty evidence of an elaborate drug network involving several confederates who ought to be tried as they allegedly operated—together.

On February 11, 2016, a federal grand jury sitting in Williamsport, Lycoming County, Pennsylvania returned a Superseding Indictment that charged Defendant Randy Thompson with conspiring, along with eighteen other co-Defendants, to distribute 100 grams or more of heroin, crack cocaine, and buprenorphine in Ly-coming County, Pennsylvania and its surrounding areas.

According to the Superseding Indictment, the charges stemmed from Mr. Thompson’s involvement in a vast drug distribution network whose agents originated in Philadelphia, Pennsylvania and utilized rental cars or other forms of transportation to infiltrate various locales along the Interstate 80 corridor in both Columbia and Lycoming Counties in central Pennsylvania.

As counsel for the Government has subsequently detailed during the course of several guilty plea hearings for certain of Mr. Thompson’s co-Defendants, the hallmark of the drug distribution network at the center of this case was its ability to quickly respond to heroin orders and deploy throughout the region. According to the Government, a core set of mobile telephone numbers well known to loyal drug customers formed the digital business platform of the operation.

[506]*506Title III wiretap surveillance authorized by this Court captured Mr. Thompson arranging drug deals with drug purchasers on one of the Target Telephones known to investigators. Mr. Thompson was eventually arrested, together with several alleged co-conspirators, near a local motel that served as one of the conspiracy’s bases of operation. At the time of Mr. Thompson’s arrest, law enforcement officers also recovered extensive drug paraphernalia, drug proceeds, and one of the mobile telephones that federal investigators had targeted as part of the authorized wiretap.

On September 7, 2016, the Defendant filed this motion to sever, in which he argues that he was improperly joined under Federal Rule of Criminal Procedure 8(b) and consequently, that severance is appropriate under Federal Rule of Criminal Procedure 14(a). The motion ripened on October 26, 2016, when Defendant’s reply brief deadline passed. For the reasons set forth herein, Defendant’s motion is denied.

II. LAW

“Motions to sever are governed by Federal Rule of Criminal Procedure 14, which permits the trial court to grant a defendant’s motion for severance if it appears that the defendant will be prejudiced by a joint trial with other defendants.”1 “The Rule places the burden of showing prejudice from the joinder on the defendant seeking severance.”2 “A claim of improper joinder under Federal Rule of Criminal Procedure 14 must demonstrate clear and substantial prejudice.”3

“Indeed, there is a presumption against severance because it is ‘assum[ed] that closely related charges are being tried together.’”4 “[A] trial court should balance the public interest in joint trials against the possibility of prejudice inherent in the joinder of defendants.”5 Thus, “denial of severance is committed to the sound discretion of the trial judge.”6

III. ANALYSIS

For the reasons set forth below, namely the appropriateness of joinder and the lack of clear prejudice, the Defendant’s motion is denied.

A. Joinder was appropriate under Federal Rule of Criminal Procedure 8(b), because the Superseding Indictment alleges that Mr. Thompson and his co-Defendants conspired to operate an intricate drug distribution network, and the evidence reveals substantial common links between Mr. Thompson and his co-Defendants.

Federal Rule of Criminal Procedure 8(b) sanctions the joinder of 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.” Rule 8(b) further clarifies that “[t]he defendants may be charged in one or more counts together or [507]*507separately. All defendants need not be charged in each count.”

As the Supreme Court of the United States made clear in Zafiro v. United States, “There is a preference in the federal system for joint trials of defendants who are indicted together. Joint trials ‘play a vital role in the criminal justice system.’”7 Thus, as the United States Court of Appeals for the Third Circuit has recognized:

The rule permits joinder of defendants charged with participating in the same ... conspiracy, even when different defendants are charged with different acts, so long as indictments indicate all the acts charged against each joined defendant (even separately charged substantive counts) are charged as ... acts undertaken in furtherance of, or in association with, a commonly charged ... conspiracy.8

“Rule 8 is construed liberally in favor of initial joinder.”9 “Trial judges may look beyond the face of the indictment to determine proper joinder in limited circumstances.” 10 As such, “Where representations made in pretrial documents other than the indictment clarify factual connections between the counts, reference to those documents is permitted.”11

Moreover, as relevant to this particular case, “A conspiracy charge ‘provides a common link and demonstrates the existence of a common plan’ for purposes of Rule 8(b).”12 In addition, “Two or more conspiracies may be joined under Rule 8 so long as they are related as part of a common scheme.”13

“When determining whether joinder is appropriate, a court generally looks to the indictment.”14 The Superseding Indictment alleges that from August 2014 through the date it was returned, Mr. Thompson and eighteen co-Defendants (three of whom have pled guilty at the time of this writing) engaged in a conspiracy to distribute drugs by way of an extensive network that tracked the 1-80 corridor in the greater Williamsport área.

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Related

United States v. Bullock
71 F.3d 171 (Fifth Circuit, 1995)
Pinkerton v. United States
328 U.S. 640 (Supreme Court, 1946)
Richardson v. Marsh
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Zafiro v. United States
506 U.S. 534 (Supreme Court, 1993)
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Cite This Page — Counsel Stack

Bluebook (online)
219 F. Supp. 3d 502, 2016 U.S. Dist. LEXIS 187938, 2016 WL 7045741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thompson-pamd-2016.