United States v. Eddie Roy Gay, United States of America v. Sammie Jud Dixon

Appellants Dixon and Gay, together with co-defendant Lonzo L. Harris, not a party to these appeals, were charged in a three-count indictment with conspiring to violate and violating laws regulating Schedule I substances. 21 U.S.C. §§ 846 , 841(a)(1), and 18 U.S.C. § 2 . Count I charged all three defendants with conspiracy to possess heroin with intent to distribute it. Count II charged Dixon and Harris with possession of heroin with intent to distribute the substance. Count III charged Dixon and Harris with distribution of heroin and charged Gay with aiding and abetting in the distribution thereof. Following a joint jury trial, all three defendants were convicted as charged. Dixon and Gay now pursue this appeal, contending, inter alia, that their respective motions for a separate trial were improperly denied. We affirm.

* Honorable William G. East, Senior United States District Judge, District of Oregon, sitting by designation.

I

On the morning of the day set for trial, Dixon, later joined by Gay, moved for a severance. Dixon’s motion was founded upon the representation that, if a severance were granted, Harris would exculpate him. The motion was preceded by notice thereof, to…