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United States v. Wright

United States District Court, N.D. Iowa, Cedar Rapids Division

October 22, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
CEDRIC ANTONIO WRIGHT and GAGE RUPP, Defendants.

          ORDER

          Leonard T. Strand, Chief Judge

         This matter is before me on a Report and Recommendation (R&R) in which the Honorable Kelly K.E. Mahoney, Chief United States Magistrate Judge, recommends that I deny defendants’ motions (Doc. Nos. 91 and 107) to dismiss charges (Count 2 as to Wright and Count 7 as to both defendants) of carrying a weapon in relation to a crime of violence under 18 U.S.C. § 924(c). See Doc. No. 124.

         I. BACKGROUND

         On July 11, 2018, the grand jury returned a third superseding indictment (Doc. No. 80) against defendants Cedric Antonio Wright and Gage Rupp. As to Wright, the indictment alleges the following:

• Count 1 - Carjacking in violation of 18 US.C. § 2119(1)
• Count 2 - Carrying a firearm during and in relation to a crime of violence and possessing a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c)
• Count 3 - Possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(1) and (g)(3)
• Count 5 - Interference and attempted interference with commerce by threats and violence in violation of 18 U.S.C. § 1951(a)
• Count 6 - Conspiracy to interfere and attempt to interfere with commerce by threats and violence in violation of 18 U.S.C. § 1951(a)
• Count 7 - Carrying a firearm during and in relation to a crime of violence, and possessing a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c).

See Doc. No. 80. Counts 5, 6, 7 are also alleged against Rupp, in addition to Count 4 alleging possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(3) and (g)(9).

         Rupp filed a motion (Doc. No. 91) to dismiss Count 7 and Wright filed a motion (Doc. No. 107) to dismiss Counts 2 and 7.[1],[2] The Government filed resistances (Doc. Nos. 106 and 115). Judge Mahoney issued her R&R (Doc. No. 124) on September 28, 2018. No. objections were filed. Trial is scheduled for November 26, 2018.

         II. ...


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