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United States v. Golding

United States District Court, Eastern District of Missouri, Eastern Division

November 3, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DEVON NORTHON GOLDING, M.D., Defendant

For Devon Northon Golding, M.D., Defendant: Stephen R. Welby, LEAD ATTORNEY, WELBY LAW FIRM, St. Louis, MO.

For USA, Plaintiff: Dorothy L. McMurtry, LEAD ATTORNEY, OFFICE OF U.S. ATTORNEY, St. Louis, MO.

ORDER

JOHN A. ROSS, UNITED STATES DISTRICT JUDGE.

This matter is before the Court on Defendant's motion to strike paragraphs 35-44[1] of the superseding indictment as surplusage, or in the alternative, to dismiss the superseding indictment as duplicitous. (Doc. No. 47) The basis of Defendant's motion is that those paragraphs are improper propensity evidence which should be stricken because they are irrelevant, inflammatory and prejudicial. Alternatively, Defendant contends those paragraphs are allegations of separate and distinct offenses which render the superseding indictment duplicitous. Pursuant to 28 U.S.C. § 636(b), this matter was referred to United States Magistrate Judge Shirley Padmore Mensah, who filed a Report and Recommendation on October 17, 2014, recommending that Defendant's motion be denied. (Doc. No. 62) Defendant filed objections to the Report and Recommendation on October 31, 2014. (Doc. No. 66) Defendant's objections are not adequately persuasive.

After careful and independent review of this matter, the Court agrees with the Magistrate Judge's findings that the challenged allegations are relevant to specific elements of the Government's case and can be offered for reasons other than propensity. Further, to the extent Defendant's argument is well-taken, the Court can address any potential prejudice at trial. The Court will, therefore, adopt Magistrate Judge Mensah's recommendations.

Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge [62] is SUSTAINED, ADOPTED AND INCORPORATED herein.

IT IS FURTHER ORDERED that Defendant's Motion to Strike Surplusage or in the Alternative, to Dismiss [47] is DENIED.


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