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U.S. v. Pizarro

Severance, Suppression Motions Denied; Superseding Indictment Shows Common Scheme

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OPINION & ORDER

*1  In advance of trial, Defendants Robert Pizarro and Juan Rivera move the Court for severance. As originally filed, the Defendants’ motion sought severance of one count of the five-count Indictment against them. On April 4, 2018, the Grand Jury returned a Superseding Indictment against the Defendants, charging them with nine counts. In response, the Court issued an Order indicating its assumption that Defendants “wish to apply their severance arguments to Counts 7, 8, and 9 of the Superseding Indictment” and stating that “the Court intends to treat the briefing on the motion” as if it had been made with respect to the Superseding Indictment. Dkt. No. 58. No objections were made to this approach and the Court now resolves the severance motion. Additionally, Defendants move the Court to suppress certain evidence. Both Defendants move to suppress cell site location information obtained as a result of orders issued pursuant to the Stored Communications Act, and Pizarro moves to suppress evidence uncovered during a search of a 2007 GMC Yukon pursuant to a warrant.The Court orally denied the motions at a conference on April 9, 2018. This opinion explains the reasoning of that conclusion.

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