United States v. Lugo

DECISION ON MOTION

MYRON L. GORDON, District Judge.

The defendant Mercado has moved to dismiss the indictment against him on the grounds that the indictment is defective because it joins him with two other defendants but does not disclose facts necessary to make joinder proper under Rule 8(b).

Rule 8(b) provides in part as follows: “Two or more defendants may be charged in the same indictment or information 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 movant points out that…