U.S. v. Ailsworth
873 F.Supp. 1450
D.Kan.,1994.
Nov. 18, 1994. (Approx. 1
page)
Defendants charged with narcotics-related offenses filed
various pretrial motions after government filed second superseding indictment,
adding additional counts, including charge of using communication facility to
cause or facilitate felony drug trafficking crime. The District Court, Crow,
J., held that: (1) defendant whose counsel required additional time to prepare
for trial was entitled to severance; (2) provision of indictment charging possession
of firearm by convicted felon which referred to specific crime of which
defendant was convicted was not surplusage; (3) indictment charging defendants
with multiple counts of using telecommunications facility to facilitate
controlled substances violation, based on same underlying drug trafficking
offense, did not violate double jeopardy; and (4) defendants failed to
establish outrageous government conduct or prosecutorial vindictiveness
defenses.
Motions granted in part and denied in part.