United States v. Lawrence Jay Goldberg

This appeal is taken by the government from the trial court’s dismissal without prejudice of the indictment for misjoinder of offenses. The first five counts of the indictment charge that on June 18, 1976, appellee did willfully and for profit infringe the copyright of the copyright owner by selling five motion pictures, in violation of 17 U.S.C. §§ 1 & 104. Count Six charges that appellee, on June 17, 1976, did unlawfully take, with the intent to convert to his own use, the same five motion pictures, each of which was part of an interstate shipment, in violation of 18 U.S.C. § 659 .

Rule 8(a) of the Federal Rules of Criminal Procedure provides that two or more offenses may be charged in the same indictment if the offenses charged (1) are of the same or similar character, (2) are based on the same act or transaction, or (3) are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan. The availability of Rule 14 of the Federal Rules of Criminal Procedure “as a remedy for prejudice that may develop during the trial permits Rule 8 to be broadly construed in favor of initial joinder. . . . ” United States v. Friedman, 445…