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United States v. Meader Burkhow

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

January 8, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
RAVEN DAMIEN MEADER BURKHOW, Defendant.

          ORDER

          C. J. WILLIAMS UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This matter is before the Court on defendant's third motion to dismiss. (Doc. 89). Defendant seeks to dismiss Counts 8 through 42 of the Second Superseding Indictment. (Id.); see also (Doc. 28). The government filed a timely resistance. (Doc. 102). For the following reasons, the Court denies defendant's motion.

         II. FACTUAL BACKGROUND

         On May 23, 2019, a grand jury returned an Indictment which charged defendant with seven offenses.[1] (Doc. 2). On June 19, 2019, a grand jury returned a Superseding Indictment which charged defendant with fourteen offenses.[2] (Doc. 9). On September 5, 2019, defendant requested an extension of time to file pretrial motions, which the Court granted the following day. (Docs. 16 & 17). On September 12, 2019, defendant filed his first motion to dismiss and suppress evidence. (Doc. 19).

         On September 25, 2019, a grand jury returned a Second Superseding Indictment charging defendant with forty-two offenses. (Doc. 28). The Second Superseding Indictment is comprised of the following:

• One count of conspiracy to distribute a controlled substance in violation of Title 21, United States Code, Section 846 (Count 1).
• Five counts of distribution of a controlled substance in violation of Title 21, United States Code, Section 841(a)(1) (Counts 2 through 6).
• One count of possession with intent to distribute a controlled substance also in violation of Section 841(a)(1) (Count 7).
• One count of use and possession of a firearm during and in furtherance of a drug trafficking crime in violation of Title 18, United States Codes, Section 924(c) (Counts 8 and 9).
• One count of possession of firearms in furtherance of a drug trafficking crime also in violation of Section 924(c) (Count 10).
• One count of transfer of a machinegun in violation of Title 18, United States Code, Section 922(o) (Count 11).
• One count of possession of machineguns also in violation of Section 922(o) (Count 12).
• Two counts of transfer of a firearm in violation of Title 26, United States Code, Section 5861(e) (Counts 13 and 14).
• Fifteen counts of possession of a National Firearms Act firearm not registered to possessor also in violation of Section 5861(d) (Counts 15 through 29).
• Thirteen counts of possession of a National Firearms Act firearm not identified by serial number also in violation of Section 5861(i) (Counts 30 through 42).

(Doc. 28). On October 30, 2019, defendant filed his second motion to dismiss and suppress evidence. (Doc. 54). On December 5, 2019, a hearing was held before United States Magistrate Judge Mark A. Roberts on, among other things, defendant's two outstanding motions to dismiss.[3] (Doc. 87). On December 11, 2019, defendant ...


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