USA v. Montalvo et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ORDER
v. 	11-CR-366-A
MISAEL MONTALVO, CARMEN M.
JUSTINIANO RAMIREZ, EFRAIN
HIDALGO, and BRANDON JONAS,
Defendants.
This case was referred to Magistrate Judge Jeremiah J. McCarthy pursuant to
28 U.S.C. § 636(b)(1)(B) for pretrial proceedings. On April 16, 2014, Magistrate Judge
McCarthy filed two Report and Recommendations, Dkt. Nos. 195 and 197,
recommending, in part, that defendants’ motions to dismiss Count 2 and Count 3 of a
Superseding Indictment, each charging a murder in violation of 18 U.S.C. §§
924(c)(1)(A)(iii) and 2, be denied. Defendants had argued that Counts 2 and 3 were
time barred by statutes of limitations applicable to predicate offenses for the federal
murder charges.
Defendants Efrain Hidalgo and Brandon Jonas filed objections to the
recommendation of the Magistrate Judge that the Court deny defendants’ motions to
dismiss Counts 2 and 3 of the Superseding Indictment, sought severance of Counts 2
and 3 from a narcotics conspiracy charged in Count 1, and also sought unredacted
discovery. Dkt. Nos. 201-02, 209. The United States filed responses. Dkt. Nos. 205
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and 207. No objections were filed by other defendants. The Court heard oral argument
June 26, 2014.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has carefully reviewed the Report
and Recommendations, Dkt. Nos. 195 and 197, and has reviewed de novo the portions
of the Report and Recommendation, Dkt. No. 197, to which defendants have objected,
and it is hereby
ORDERED, after de novo review, and for the reasons set forth in Magistrate
Judge McCarthy’s Report and Recommendation, Dkt. No. 197, defendants’ motions to
dismiss Counts 2 and 3 of the Superseding Indictment on statute of limitations and
jurisdictional grounds are denied. Pursuant to Sections 3281 and 924(j) of Title 18,
there is no statute of limitations for the federal murder offenses charged in Counts 2
and 3 of the Superseding Indictment. It is further
ORDERED, defendants’ motions for severance and unredacted discovery are
denied without prejudice. The Report and Recommendations, Dkt. Nos. 195 and 197,
are adopted in their entirety. The parties shall appear to set a date for trial August 8,
2014 at 12:30 p.m.
IT IS SO ORDERED.
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HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: 	August 7, 2014
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