United States v. Pena

OPINION & ORDER

ALISON J. NATHAN, District Judge:

Before the Court is Defendant Alberto Pena’s motion to dismiss Count II of the indictment — now Count III of the superseding indictment — which charges him with brandishing a firearm during a crime of violence, or aiding and abetting the same, 18 U.S.C. § 924(c)(l)(A)(ii) & 2. For *270the reasons set forth below, Pena’s motion is DENIED.

I. Background

On August 18, 2015, the Government unsealed a two-count indictment charging Pena and six others with Hobbs Act Robbery, 18 U.S.C. § 1951 & 2, and brandishing a firearm during a crime of violence, 18…