Legal Opinion

United States v. Forde

District Court, S.D. New York

Decided March 16, 2010No. 08 Cr. 0828(VM)PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Defendant Joseph Olivieri (“Olivieri”) moves for severance of his trial from that of his codefendants for misjoinder pursuant to Rule 8(b) of the Federal Rules of Criminal Procedure (“Rule 8(b)”). In the alternative, Olivieri moves pursuant to Rule 14(a) of the Federal Rules of Criminal Procedure (“Rule 14(a)”) for severance based on extreme prejudice. For the reasons set forth below, both motions are DENIED.

I. BACKGROUND 1

On August 3, 2009 the Government filed a twenty-nine count third superseding indictment (the “Indictment”) charging…

2Cases cited11 opinions

  1. Richardson v. MarshSupreme Court of the United States · 1987
  2. Zafiro v. United StatesSupreme Court of the United States · 1993
  3. United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
  4. United States v. Roy B. Kelly, Cecil v. Hagen and Milton J. ShuckCourt of Appeals for the Second Circuit · 1965
  5. United States v. SalamehCourt of Appeals for the Second Circuit · 1998

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3Cited by2 opinions

  1. Pena v. United StatesDistrict Court, S.D. New York · 2016
  2. United States v. PeñaDistrict Court, S.D. New York · 2013

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