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U.S. v. Little

Indictment's Hobbs Act Robbery Counts Denied Severance; Joinder Is Proper Under Rule 8(a)

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OPINION & ORDER   Defendant Andre Little (“Defendant”) is charged in a four-count indictment, filed on April 18, 2019, with (1) conspiring to commit a Hobbs Act robbery, in violation of 18 U.S.C. §1951 (Count One); (2) committing a Hobbs Act robbery, in violation of 18 U.S.C. §§1951 and 2 (Count Two); (3) conspiring to distribute, and to possess with the intent to distribute, heroin, in violation of 21 U.S.C. §§846 and 841(b)(1)(B) (Count Three); and (4) possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. §§924(c)(1)(A)(i) and 2 (Count Four). (Indictment, ECF No. 2.) Presently before the Court is Defendant’s motion to sever Counts One and Two (the “Robbery Counts”) from Counts Three and Four (the “Narcotics Counts”), pursuant to Rules 8(a) and 14 of the Federal Rules of Criminal Procedure.1 (ECF No. 11.) For the following reasons, Defendant’s motion is DENIED. BACKGROUND As alleged in the Indictment, on or about August 13, 2015, Defendant, together with co-defendant Torren Stubbs (“Stubbs”), robbed several individuals of the proceeds of narcotics trafficking. (Indictment

1-2.) Separately, the Indictment charges that Defendant, from at least 2016 to December 2018, conspired to distribute, and to possess with the intent to distribute, 100 grams and more of heroin. (Id.

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