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United States v. Alfaro

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CRIMINAL DIVISION


October 1, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE ALFARO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Manuel Real United States District Judge

ORDER DENYING DEFENDANTS' MOTION TO SEVER AND FINDINGS THERETO

Having heard from plaintiff, the United States of America, by and through its counsel of record, the United States Attorney for the Central District of California, and defendants Kelvin Melgar, Carlos Cuentas, Pedro Lopez and Fernando Morales, by and through the authorized representatives of their counsels of record, Stephen Frye, Thomas Nishi, Mark Flemming, and Dale Rubin, at a hearing held before this Court on September 16, 2010, and good cause appearing, the Court hereby FINDS AS FOLLOWS:

1. The Court read and considered defendants' Motion to Sever (doc. 645) filed on July 29, 2010, and the government's opposition thereto.

2. The Court, after carefully considering the pleadings, declarations and documents filed by the parties, as well as the argument presented at the hearing, orally denied the defendant's Motion to Sever. This Order will supplement the Court's oral ruling denying the motion. In connection with this Order, the Court makes the following Findings of Fact and Conclusions of Law.

3. On September 16, 2010, this Court held a hearing on the motion. Defendants appeared in person with their counsels of record. After affording the parties opportunity for argument, the Court denied their Motion to Sever.

4. The Court considers United States v. Freeman, 6 F.3d 586 (9th Cir. 1983) and finds that where a conspiracy is charged, a joint trial is particularly appropriate because in order to assess one defendant's culpability, it is necessary for the jury to consider evidence of and understand the conduct for which the co-defendants are charged.

5. The Court finds that the RICO conspiracy charged in count 1 alleges that all defendants participated in a single overarching criminal enterprise and a joint trial is appropriate.

THEREFORE, FOR GOOD CAUSE SHOWN:

IT IS HEREBY ORDERED that defendant Kelvin Melgar, Carlos Cuentas, Pedro Lopez and Fernando Morales' Motion to Sever is denied.

IT IS SO ORDERED.

20101001

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