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U.S. v. Burns

Motion to Dismiss Indictment Count Denied; Full Proffer of Evidence Not Made

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MEMORANDUM & ORDER Tashawn Burns (“Defendant”) is charged with Hobbs Act Conspiracy (“Count One”), Hobbs Act Robbery (“Count Two”), and Brandishing a Firearm During a Crime of Violence (“Count Three”). (See Superseding Indictment, ECF No. 41.) Defendant moves pursuant to Federal Rule of Criminal Procedure (“Rule”) 12(b) to dismiss the Superseding Indictment (hereafter the “Dismissal Motion”). (See Dismissal Motion, ECF No. 90.) For the reasons that follow Defendant’s Dismissal Motion is DENIED. BACKGROUND The following statement of facts is drawn from the Superseding Indictment.1 On September 9, 2019, Defendant, “together with others, did knowingly and intentionally obstruct, delay and affect commerce, and the movement of articles and commodities in commerce, by robbery, to wit: the robbery of United States Currency representing business proceeds from restaurant owner John Doe from a location in Nassau County, New York.” (Superseding Indictment 2.) Likewise, Defendant is accused of conspiring to commit the same. (Id. 1.) Additionally, Defendant, “together with others, did knowingly and intentionally use and carry a firearm” to commit the alleged robbery “and did knowingly and intentionally possess said firearm in furtherance of such crime of violence, which firearm was brandished.” (Id. 3.) PROCEDURAL HISTORY On November 21, 2020, a grand jury in the Eastern District of New York returned an indictment charging Defendant with Hobbs Act Conspiracy, in violation of Title 18, United States Code, Sections 1951(a) and 3551 et seq.; Hobbs Act Robbery, in violation of Title 18, United States Code, Sections 1951(a) and 3551 et seq.; and Brandishing a Firearm During a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), 924(c)(1)(A)(ii), 2 and 3551 et seq. (See Indictment

1-3, ECF No. 1.) On December 14, 2021, the grand jury returned the Superseding Indictment, which added defendant Ricardo Franco to all three counts. (Superseding Indictment

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