United States v. Helmer J. Olson

Olson, the appellee, was charged in a four-count indictment with various violations of 21 U.S.C. § 841 (a)(1), § 846, and 18 U.S.C. § 2 . Count I charged that on or about September 1, 1973, Olson aided in the distribution of 20,000 doses of methamphetamine. Counts II and III charged, respectively, Olson’s distribution of five pounds of marihuana in March of 1973 and two pounds of marihuana in April of 1973. Count IV charged Olson with conspiracy to distribute controlled substances. Three hours before trial was scheduled to begin, the Court, acting on its own motion, ordered the Government to elect one count of the indictment upon which the defendant would stand trial. The Court’s order recites as its sole rationale that because it was “highly improbable” that, even upon conviction as to all counts, the court would impose consecutive septences, nothing would be gained by prosecution on multiple counts.

The Government refused to elect one count for trial, on the ground that there was no showing that the joinder of the counts in the indictment and their si multaneous trial would prejudice either party. The Government also claimed that forcing it to elect only the conspiracy…