United States v. David Scaggs

MEMORANDUM

David Scaggs (“David”) and Leonard Scaggs (“Leonard”) appeal their convictions by a jury for first degree murder in violation of 18 U.S.C. § 1111 . The charges arise from the January 1993 robbery and murder of Mark Smith at the 32nd Street Naval Station in San Diego. Both defendants were sentenced to life imprisonment.

Defendants raise a number of issues on appeal. Both defendants- argue that the trial court erred in denying their motions to dismiss for pre-indictment delay. David challenges the denial of his motion to suppress his confession and the admission of evidence of another crime. Both defendants argue that the trial court erred in denying their motions for severance, and David challenges the admission of evidence that he contends contravened Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968). Finally, Leonard challenges a supplemental instruction given by the trial court in response to a jury question during deliberations.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. Pre-indictment delay

A motion to dismiss based on preindictment delay requires a defendant to show, first, that he “suffered actual,…