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United States v. Fuller

United States District Court, E.D. Virginia

March 20, 2015

UNITED STATES OF AMERICA
v.
ANTONIO JERROD FULLER, Defendant.

MEMORANDUM ORDER

RAYMOND A. JACKSON, District Judge.

Before the Court is Defendant Antonio Jerrod Fuller's Amended Motion to Dismiss. ECF No. 215. Defendant was convicted by a jury on July 16, 2014, of eight Counts, including Racketeering Conspiracy, Narcotics Conspiracy, Murder in Aid of Racketeering, Attempted Murder in aid of racketeering, and various firearm offenses. Defendant now alleges that as a result of Brady and Giglio violations, the Court must dismiss this matter and further bar retrial of any charges based on Double Jeopardy. Having reviewed the parties' briefs and held a hearing on the Motion, this matter is now ripe for judicial determination.For the reasons stated below, which elaborate upon the Court's reasoning and oral Order provided at the February 9, 2015, hearing, Defendant's motion is DENIED.

I. FACTUAL AND PROCEDURAL HISTORY

On July 17, 2013, Defendant was named in fourteen counts of a nineteen count Indictment. On November 12, 2013, Defendant was named in fourteen counts of a Superseding Indictment and was charged as follows:

• Count 1: Racketeering Conspiracy, 18 U.S.C. § 1962(d)
• Racketeering Act One: Conspiracy to Distribute Drugs
• Racketeering Act Two: Murder of Andre Morton on May 17, 2009
• Racketeering Act Three: Murder of Julius Johnson on May 17, 2009
• Racketeering Act Four: Attempted Murder of Edwin Powers on May 17, 2009
• Racketeering Act Five: Murder of Christian Hatch on November 4, 2009
• Racketeering Act Six: Attempted Murder of Desmond Finnell on November 4, 2009
• Count 2: Drug Conspiracy, 21 U.S.C. § 846
• Count 3: Murder in Aid of Racketeering Activity (Andre Horton), 18 ...

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