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United States v. Parker

United States District Court, N.D. Iowa, Eastern Division

May 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RICHARD LEROY PARKER, Defendant.

          ORDER

          LINDA R. READE JUDGE.

         TABLE OF CONTENTS

         I. INTRODUCTION .......................................1

         II. RELEVANT PROCEDURAL HISTORY ........................2

         III. RELEVANT TRIAL EVIDENCE .............................2

         IV. MOTION TO SUPPLEMENT ...............................3

         V. MOTION FOR NEW TRIAL ................................4

         A. Legal Standard .................................... 4

         B. Instruction on Lesser-Included Offense .................... 4

         C. Constructive Amendment .............................. 6

         VI. MOTION FOR JUDGMENT OF ACQUITTAL .................... 9

         A. Legal Standard ................................... 10

         B. Causation ....................................... 10

         C. Heroin and Cocaine ................................ 13

         VII. CONCLUSION ........................................ 14

         I. INTRODUCTION

         The matters before the court are Defendant Richard Leroy Parker's “Motion for Judgment of Acquittal” (“Acquittal Motion”) (docket no. 134), Motion for New Trial (docket no. 135) and Motion to Supplement Reply (“Motion to Supplement”) (docket no. 138).

         II. RELEVANT PROCEDURAL HISTORY

         On August 24, 2017, a grand jury returned an Indictment (docket no. 2) against Defendant. Count 1 charged Defendant with distribution of a controlled substance near a protected location resulting in death, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(C), 851 and 860(a), and Count 2 charged Defendant with possession with intent to distribute a controlled substance near a protected location, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(C), 851 and 860(a). See Indictment at 1-3.[1] On January 16, 2018, a jury trial commenced. See January 16, 2018 Minute Entry (docket no. 116). On January 18, 2018, the jury returned a verdict finding Defendant guilty of Counts 1 and 2 of the Indictment. See Jury Verdict (docket no. 124). On February 21, 2018, Defendant filed the Motion for New Trial and the Acquittal Motion. On February 28, 2018, the government filed a Resistance (docket no. 136) to both motions. On March 7, 2018, Defendant filed a Reply (docket no. 137). On March 19, 2018, Defendant filed the Motion to Supplement. The matters are fully submitted and ready for decision.

         III. ...


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