United States v. Palmer

ORDER DENYING MOTIONS OF DEFENDANT ARON WISE, JR., TO SEVER AND TO ELECT COMMITMENT PURSUANT TO TITLE I OF THE NARCOTIC ADDICT REHABILITATION ACT.

Defendant Aron Wise, Jr., was indicted with three others for armed robbery and now moves for severance and for an opportunity to elect commitment for rehabilitation as an addict pursuant to Title I of the Narcotic Addict Rehabilitation Act, as amended, 28 U.S.C. § 2901 et seq. (hereinafter “NARA”).

Rule 14 of the Federal Rules of Criminal Procedure permits severance when two or more persons are charged in a single indictment, but defendant has not shown that a joint trial will prejudice his ability to present his defenses or will otherwise prevent him from receiving a fair trial. See Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); United States v. Donaway, 447 F.2d 940 (9th Cir. 1971); United States v. de la Cruz Bellinger, 422 F.2d 723 (9th Cir. 1970). The government has represented to the Court that it will use no evidence in its case in chief that would violate the rule of Bruton v. United States, supra. Should the government wish to use post-arrest or pre-arrest statements of any of the defendants in…