United States v. Toney

ORDER REGARDING MOTIONS TO SEVER

BENNETT, District Judge.

In this criminal prosecution, all four defendants have moved, pretrial, to sever various counts of a nine count indictment on several differing but related theories. These motions require the court to explore the nuances of misjoinder, pursuant to Federal Rules of Criminal Procedure 8(a) and 14. Defendant Rodney Davis seeks to sever Counts 1 and 2 of a second superseding indictment on the grounds that those counts in this action have been misjoinded pursuant to Rule 8(a). Defendants also seek severance of counts and/or co-defendants…