United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
S. VAN BOKKELEN, UNITED STATES DISTRICT COURT
superseding indictment brought various charges against
Co-Defendants Garcia-Berrios and Jenkins, including murder
and use of a firearm. Mr. Jenkins moves to sever his trial
from that of Mr. Garcia-Berrios. (DE 129.)
15, 2015, the superseding indictment in this case brought
(1) attempted murder in aid of racketeering, against
Co-Defendants Garcia-Berrios and Cartagena;
(2) use of a firearm during and in relation to a crime of
violence, against Co-Defendants Garcia-Berrios and Cartagena;
(3) murder in aid of racketeering, against Co-Defendants
Garcia-Berrios and Jenkins;
(4) use of a firearm during and in relation to a crime of
violence resulting in death, against Co-Defendants
Garcia-Berrios and Jenkins; and
(5) possession of a firearm by a prohibited person, against
September 21, 2015, Mr. Jenkins moved to sever Count 5 from
Counts 3 and 4. (DE 39.) The government did not oppose
severance of Count 5. (DE 46.) The Court severed Count 5 from
Counts 3 and 4. (DE 51.)
March 22, 2017, Mr. Cartagena pleaded guilty to Count 2.
April 12, Mr. Garcia-Berrios filed a notice of intent to
plead guilty to Counts 2 and 3, but on April 24 his attorney
filed a motion to withdraw and a motion to continue the
April 24, Mr. Jenkins moved to sever his trial from that of
Mr. Garcia-Berrios. (DE 129.) The government responded. Mr.
Jenkins did not reply, and the time for doing so has expired.
April 26, the Court granted the motion to withdraw and did
not conduct a change-of-plea hearing for Mr. Garcia-Berrios
on the date it had been set. The Court also granted Mr.
Garcia-Berrios's motion to continue trial.
Rule of Criminal Procedure 8(b) allows the joinder of two or
more defendants in a single indictment and a single trial:
The indictment or information may charge 2 or more defendants
if they are alleged to have participated in the same act or
transaction, or in the same series of acts or transactions,
constituting an offense or offenses. The defendants may be
charged in one or more counts ...