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UNITED STATES v. MORALES

March 21, 1994

UNITED STATES OF AMERICA
v.
Ignacio MORALES a/k/a "Flaco" Juan Rosado a/k/a "Apache" Michael Arroyo Reynaldo Santos a/k/a "Juice" Juan Viruet a/k/a "Phil" a/k/a "Seaweb" a/k/a "Fil" Raymond Crespo a/k/a "Cano" Carmen Saez Carlos Santos a/k/a "Tony" Josue Barreto a/k/a "Josh" Luis Andino a/k/a "GQ" a/k/a "Lou" Jamie Renae Torado a/k/a "Rene" a/k/a "Van Dam" Gilberto Torres Melvin Brown a/k/a "Heavy" Jose Polanco Alfredo San Miguel



The opinion of the court was delivered by: ALLEN G. SCHWARTZ

 ALLEN G. SCHWARTZ, DISTRICT JUDGE:

 BACKGROUND

 The defendants are charged in a thirteen count Indictment. Count One charges each defendant with conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin, in violation of 21 U.S.C. § 846, and specifies seven overt acts committed in furtherance of the charged conspiracy. Counts Two through Nine charge certain of the defendants with distributing and possessing with intent to distribute heroin in violation of 21 U.S.C. §§ 812, 841(a)(1), and 841(b)(1)(C), and 18 U.S.C. § 2.. Counts Ten through Thirteen charge certain defendants with firearms offenses, specifically 18 U.S.C. §§ 922(g)(1), 924(a)(2), 924(c) and 2.

 Defendants Ignacio Morales, Juan Rosado, Michael Arroyo, Carmen Saez, Melvin Brown, and Alfredo San Miguel have all already submitted motions, which motions have been ruled upon by Judge Conboy in his November 10, 1993, Amended Opinion and Order ("November 10 Amended Opinion and Order").

 Defendant Reynaldo Santos, a/k/a "Juice," ("Santos") moves for severance, suppression of evidence obtained from a search of his residence at the time of his arrest, and leave to join the motions of his codefendants that inure to his benefit. The Government consents to the Santos motion requesting leave to join in the motions of his codefendants that inure to his benefit; therefore, the Court grants this motion.

 Defendant Louis Andino, a/k/a "GQ," a/k/a "Lou," ("Andino") moves for severance, suppression of evidence taken from his person at the time of his arrest, and an order compelling the Government to disclose information about the confidential informant in this case, including his name, date of birth, and his criminal record.

 For the reasons set forth below, the motions are denied, with the exception noted above of the Santos motion to join in the motions of other defendant insofar as they inure to his benefit.

 DISCUSSION

 I. Motions for Severance

 Defendants Santos and Andino move for severance of their trials from the trial of their codefendants. Defendant Andino argues that a joint trial in this case will result in a miscarriage of justice due to "spillover" prejudice. Def. Andino Memorandum, P 28. Defendant Santos argues that he will be severely prejudiced by the scale of the trial and the great disparity in the amount of evidence that will be offered against him. Affidavit of Allan P. Haber, P 14.

 Judge Conboy addressed these exact issues in great detail in his November 10 Amended Opinion and Order. For the reasons set forth in that opinion, defendants Santos and Andino have failed to carry their heavy burden on this issue and are thus not entitled to a severance. See, November 10 Amended Opinion and Order, pp. 9-14.

 II. Defendant Santos' Motion to Suppress


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