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United States v. Jordan

United States District Court, Southern District of Indiana, Indianapolis Division

May 15, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
FRANK JORDAN 48, Defendant.

ENTRY ON MOTION FOR NEW TRIAL

Hon. Tanya Walton Pratt, Judge

Defendant Frank Jordan (“Jordan”) was convicted by jury of Conspiracy to Distribute 500 grams or More of Cocaine and Unlawful Use of a Communication Facility in Connection with a Drug Offense on November 6, 2013. The Court denied his Motion for Judgment of Acquittal (Dkt. 2615), and now addresses Jordan’s Motion for New Trial (Dkt. 2683). The Court held an evidentiary hearing on the Motion on May 9, 2014, and for the following reasons the Motion is DENIED.

I. BACKGROUND

Jordan is Defendant No. 48 in a multi-count RICO case involving 50 other defendants, of which many were members of the Outlaws Motorcycle Club. Jordan was not alleged to be an Outlaw, but instead was implicated in a conspiracy for selling narcotics to members of the Outlaws Motorcycle Club. Specifically, Jordan was charged in a Second Superseding Indictment with Count 16, Conspiracy to Distribute Cocaine and Count 41, Unlawful Use of Communication Facility in Connection with a Drug Offense. Jordan’s case was severed from his co-defendants and on November 4, 2013 he proceeded to trial alone. At trial, the Government presented evidence that drug deals were routinely conducted in the restrooms and parking lot of Sidewinders Bar (“Sidewinders”) in Indianapolis, Indiana. Hector Nava-Arrendondo (“Nava”), a cooperating witness, testified that he received cocaine from Jose Diaz during the fall of 2010 until his arrest in April 2012. Nava identified Abraham Flores and James Stonebraker (“Stonebraker”) as his cocaine customers. Stonebraker, a co-defendant under the Second Superseding Indictment, also testified at Jordan’s trial as a cooperating witness for the Government. During cross-examination, the following colloquy took place:

Q. Now, Mr. Stonebraker, you talked about how you were using drugs from 2009 up until the point you were arrested in 2012, is that right?
A. Yes.
Q. Okay. And you told us how often you were using cocaine right?
A. Yes.
Q. Every day?
A. Every day.
Q. Taking a gram or two each day?
A. Half a gram to a gram.
Q. Okay. And then you were also smoking ...

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