District Judge Elizabeth A. Wolford

 

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On March 17 a jury convicted defendants Nix and McCoy on all 12 counts in a Jan. 5, 2017, third superseding indictment alleging Hobbs Act violations and related firearms and narcotics charges in connection with a spree of home invasion robberies during 2014. The court granted the government’s motion to quash post-verdict subpoenas issued by defendants. Absent court approval, defendants arranged to serve nine separate subpoenas endorsed with the signature of the clerk of the court, making the subpoenas returnable to the court on random dates and times unilaterally selected by defense counsel. Defendants failed to satisfy the procedural and substantive requirements of FRCP 17(c). Even if the subpoenas were properly issued, the court concluded that the information sought by defendants went beyond the scope of a Rule 17(c) subpoena, and that defendants appeared to hope that the subpoenas would lead to the discovery of information that could be used in support of post-trial motions to set aside defendants’ convictions. The court admonished defense counsel that further violations of Rule 17, or any other rule, could result in the imposition of sanctions and other appropriate relief.