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United States v. Chamberlain

United States District Court, E.D. North Carolina, Western Division

June 14, 2018

UNITED STATES OF AMERICA,
v.
WILLIAM TODD CHAMBERLAIN, Defendant.

          ORDER

          MALCOLM J. HOWARD JUDGE

         This matter is before the court on the following motions filed by defendant Chamberlain:

         (1) Motion to Dismiss Superseding Indictment for Violation of Grand Jury Clause of the Fifth Amendment [DE #302];

         (2) Motion to Dismiss Superseding Indictment as Time-Barred [DE #303];

         (3) Motion to Dismiss Superseding Indictment for Pre-Indictment Delay [DE #304];

         (4) Motion to Dismiss Original and Superseding Indictments for Destruction of Evidence [DE #305];

         (5) Motion to Dismiss the Original Indictment as Voided by the Superseding Indictment [DE #306];

         (6) Motion to Dismiss Count Two of the Original Indictment [DE #307]; and

         (7) Motion to Dismiss (Incorporating Prior Motions to Dismiss as Effective against Superseding Indictment, including Motion to Dismiss Superseding Indictment for Failure to State an Offense) [DE #308].

         The government filed an omnibus response [DE #309] to defendant's motions and defendant replied [DE #312]. These matters are ripe for adjudication.

         BACKGROUND

         On June 25, 2014, defendant and co-conspirators Cleo Autry and Deric Harper were charged by a duly empaneled grand jury with Conspiracy to Commit Offenses against the United States and Theft of Government Property, in violation of 18 U.S.C. §§ 371, 641 and 2. [DE #1] . On October 6, 2014, Autry and Harper pled guilty to counts one and two of the indictment. [DE #41 and #43].

         From November 29, 2014, to November 18, 2015, defendant filed ten pretrial motions [DE ## 44-47, 50-51, 93-96], which were referred to United States Magistrate Judge Kimberly A. Swank for review. On January 28, 2016, Judge Swank denied in substantial part all ten motions. Defendant appealed, and this court affirmed Judge Swank's rulings.

         On March 7, 2016, defendant filed a motion to dismiss the indictment arguing it was deficient for failing to plead all the essential elements of the offenses charged. [DE #132]. This court found the indictment sufficient and denied defendant's request for a bill of particulars. [DE #147].

         On May 13, 2016, defendant filed another motion to dismiss, this time arguing count two was duplicitous. By order filed November 9, 2017, this court found count two duplicitous and ordered the government to elect, within 21 days, whether it intended to proceed under a theft of property or receiving stolen property theory within Count 2.[1] On November 29, 2017, another duly empaneled grand jury in the Eastern District of North Carolina returned a three-count Superseding Indictment, which charges the following crimes: (1) Conspiracy to Commit Offenses against the United States in violation of 1, 8 U.S.C. § 371 (count one); Theft of $25, 000 from the Department of Defense in violation of 18 U.S.C. § 641 (count two); and Receipt of Stolen Property, specifically receipt of what had been stolen from the Department of Defense by the four other co-conspirators in violation of 18 U.S.C. § 641 (count three).

         On January 3, 2018, defendant filed the seven instant motions challenging the ...


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