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United States v. Martin

United States District Court, Eighth Circuit

October 14, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT DALE MARTIN, Defendant.

AMENDED ORDER ON DEFENDANT'S MOTION FOR CO-CONSPIRATORS' STATEMENTS [DOCKET NO. 182]

VARONICA L. DUFFY, Magistrate Judge.

INTRODUCTION

Defendant Robert Dale Martin is before the court on a Second Superseding Indictment charging him with conspiracy to distribute 500 grams or more of cocaine and 100 kilograms or more of marijuana along with multiple other named and unnamed co-conspirators. See Docket No. 120. Mr. Martin moves the court for an order compelling the government to provide statements of co-conspirators immediately. See Docket No. 182. The government responded by agreeing to provide such statements one week in advance of trial, but otherwise resisting Mr. Martin's motion. See Docket No. 185. The Chief District Judge, the Honorable Jeffrey L. Viken, referred this motion to this magistrate judge for determination pursuant to 28 U.S.C. ยง 636(b)(1)(A). See Docket No. 189.

FACTS

The facts which are relevant to the pending motions are as follows. The drug conspiracy in this matter is charged in several different indictments in different case numbers. The court is not privy to the discovery in this matter, so there may be additional cases related to Mr. Martin's indictment that the court is not aware of.

Mr. Martin is charged in his case with co-conspirators Leslie Wayne Pond, Marvin Boltz, Tricia Lee Pond, Greg Lynn Pond, Charles Lee Richards, Kelcey L. Twiss, and Brandon Charles Schreiner. See Docket No. 121. The superseding indictment charges that both the cocaine and marijuana conspiracies began on or about January, 1993, and continuing up to the date of the indictment, which is September 24, 2013.

Ronald Two Bulls is charged in a separate, stand-alone indictment in CR 13-50021 with participating in both the conspiracy to distribute cocaine and the conspiracy to distribute marijuana. See CR. 13-50021, Docket No. 34. The superseding indictment in Mr. Two Bulls' case alleges that the conspiracies began in 2003 and continued up to February 20, 2013. Id.

Sam Bear Robe is also charged in a separate, stand-alone indictment in CR 13-50023 with participating in both conspiracies. See CR. 13-50023, Docket No. 35. The superseding indictment in Mr. Bear Robe's case alleges that the conspiracies he joined began in 2005 and continued up to February 20, 2013. Id.

In addition, a third case, CR. 13-50043, charges defendants Marlena Jo Pond, Harry John Steele, Karen Faith Boltz, Edward Joseph White Dress, Jr., Brian O. Little Bear, Tonya Lynn Provost, James Albert Colhoff, Greg Lynn Pond, and Kelsey Twiss, with participating in both conspiracies. See CR. 13-50043, Docket No. 95.[1] In this case number, the alleged date of the onset of the conspiracies is also January, 1993, continuing up to the date of the indictment, which is September 24, 2013.

Between all four case numbers, there are 16 total conspirators alleged by the government. Of these, only two, Trish Pond and Sam Bear Robe, have entered into plea agreements with the government. A jury trial in this matter is currently set for December 17, 2013.

DISCUSSION

Rule 16 of the Federal Rules of Criminal Procedure provides in pertinent part as follows:

(a) Government's Disclosure
(1) Information Subject to ...

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