United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION & ORDER
J. BOYLE, UNITED STATES DISTRICT JUDGE.
the Court is Defendant Phillip Reed's Motion to Sever
Counts (Doc. 95). For the reasons set forth below, the Court
DENIES Reed's motion to sever (Doc. 95).
was arrested while driving a stolen vehicle on February 17,
2018. Doc. 104-1, Ex. 1 (Markulec Decl), ¶ 3.
Subsequently, the FBI received a tip that individuals inside
of Reed's residence were planning to sell drugs to bond
Reed out of jail and commit an act of violence against
another individual. Id. ¶ 4. As a result, the
FBI performed surveillance on Reed's residence, 3230
Trezevant Street. Id. ¶ 5. At this point, the
FBI knew that this was Reed's residence and that one of
Reed's suspected co-conspirators, Maurice Paul,
frequented the home. Id. ¶¶ 5-6. After
observing Paul exit Reed's home, the FBI arrested Paul on
outstanding charges. Id. ¶ 7. Vicki Gamboa was
also present at Reed's home that day. Id. ¶
8. Upon obtaining Gamboa's consent to search Reed's
home, see id. ¶ 10, agents searched Reed's
residence and recovered firearms, ammunition, drugs, a
computer, a cell phone, digital scales, drug-packaging
materials, and a DVR recorder. Id. ¶ 12.
two months after the search, Reed was indicted for: (1)
Conspiracy to Possess with Intent to Distribute a Controlled
Substance; (2) Possession of a Firearm by a Felon; and (4)
Possession with Intent to Distribute a Controlled Substance.
Doc. 12, Sealed Indictment.
response, Reed filed a motion to sever. See Doc. 95,
Mot. to Sever. This motion sought to sever Count (2),
Possession of a Firearm by a Felon, from the remaining two
counts based on two alternative grounds. First, Reed asserted
misjoinder under Rule 8(a), explaining that the connection
between the firearm at issue in Count (2) and the drugs at
issue in Counts (1) and (4) was “tenuous at best . . .
.” Id. at 4. Second, Reed contended that the
joinder of Count (2) was prejudicial under Rule 14(a).
the Government filed a first superseding indictment, followed
by a second superseding indictment. See Doc. 100,
Superseding Indictment; Doc. 118, Second Superseding
Indictment. In the second superseding indictment, the
operative indictment in this case, Reed is charged with:
(1) Possession of a Firearm by a Convicted Felon;
(2) Possession with Intent to Distribute a Controlled
(3) Using and Carrying a Firearm During and in Relation to a
Drug Trafficking Crime;
(4) Conspiracy to Possess with Intent to a Controlled
(5) Using and Carrying a Firearm During and in Relation to a