United States v. Avila

MEMORANDUM

CHRISTOPHER C. CONNER, District Judge.

Presently before the court are two motions filed by defendant Antonio Avila (hereinafter “defendant” or “Avila”). The first motion (Doc. 951) seeks to sever three counts of the third superceding indictment (Doc. 828) for a separate trial. The second motion (Doc. 952) requests dismissal of one of these counts. For the reasons that follow, both motions will be denied.

I. Factual Allegations

The third superceding indictment contains eight counts against various permutations of the ten defendants named therein. Counts 1 and 2 charge all defendants…