United States District Court, D. Maine
ORDER ON DEFENDANT JONATHAN DAY’S MOTION FOR RELIEF FROM PREJUDICIAL JOINDER AND TO SEVER COUNTS I AND VIII FROM SUPERSEDING INDICTMENT
JON D. LEVY, U.S. DISTRICT JUDGE.
A hearing on Defendant Jonathan Day’s Motion for Relief from Prejudicial Joinder and to Sever Counts I and VIII from Superseding Indictment was held on March 4, 2016. For reasons I will explain, I deny the motion.
Jonathan Day and his co-defendants, Scot Stolkner and Angela Green, are charged in a ten-count superseding indictment that alleges various drug- elated violations of Title 21 of the United States Code:
• Count I names all three defendants and concerns a drug conspiracy between January 2015 and July 2015.
• Count II, which alleges a conspiracy, and counts III and IV relate only to Stolkner for alleged drug activity between August and December 2014.
• Counts V VI and VII relate to Stolkner and Green for alleged drug activity on or about January 22, February 3, and February 20, 2015.
• Count VIII relates to Stolkner and Day for alleged drug activity on or about April 17, 2015.
• Counts IX and X relate only to Stolkner for alleged drug activity on or about June 3, 2015, and July 30, 2015.
According to the Government, the drug activities during the period August to December 2014 which are the subject of Counts II, III and IV relate to a drug conspiracy that preceded, but was foundational to and helps to explain the drug conspiracy charged in Count I for which the remaining counts-Counts V through X-allege overt acts. Stolkner is the only individual charged in connection with the conspiracy charged in Count III and, at hearing, the Government affirmatively represented that Day had no involvement with that conspiracy.
Day contends that the superseding indictment improperly joins him with defendants Stolkner and Green because “a review of the ‘four corners’ of all but Count VIII of the Superseding Indictment reveals no evidence that Day participated in a common scheme or plan with Stolkner or Green.” ECF No. 78 at 9.
Rule 8(b) of the Federal Rules of Criminal Procedure provides:
The indictment or information may charge 2 or more defendants 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 defendants may be charged in one or more counts ...