United States v. Birrell

OPINION

HERLANDS, District Judge.

This motion by the defendant * to dismiss Counts Two through Sixteen of the indictment or, alternatively, to compel the Government to elect one count out of Counts One through Sixteen for purposes of trial poses an interesting question of criminal pleading usually considered under the rubrics of “duplicity,” “multiplicitousness” or “fragmentation of crimes.”

The answers to the questions — whether the indictment is duplicitous and whether the allegedly duplicitous counts should be dismissed or whether the Government should be compelled now to select for trial one…