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United States v. Marsh

United States District Court, N.D. West Virginia

April 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TERRENCE D. MARSH, Defendant.

          MEMORANDUM OPINION AND ORDER DENYING ALL OF DEFENDANT'S PRETRIAL MOTIONS [DKT. NO. 35]

          Irene M. Keeley, United States District Judge.

         On April 17, 2019, the defendant, Terrence D. Marsh (“Marsh”), filed five motions, including (1) for change of venue, (2) to sever, (3) for speedy trial, (4) for subpoena powers, and (5) to dismiss (Dkt. No. 35). The Court will address each below.

         I. BACKGROUND

         On February 7, 2019, the United States named Marsh in a criminal complaint, alleging that he conspired to distribute heroin, cocaine base, and a mixture and substance containing methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(viii), and possessed with intent to distribute a mixture and substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(viii) (Dkt. No. 1). Marsh was arrested four days later and made his initial appearance the following day (Dkt. Nos. 6, 7). After a preliminary hearing and detention hearing, United States Magistrate Judge Michael John Aloi found probable cause and detained Marsh pending his indictment and trial (Dkt. No. 14).

         Less than a month later, on March 5, 2019, a grand jury returned a seven-count indictment, charging Marsh as follows:

Count One: Conspiracy to Possess With Intent to Distribute and Distribute Controlled Substances, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(viii);
Count Two: Aiding and Abetting Possession With the Intent to Distribute Methamphetamine within 1000 Feet of a Protected Location, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 860(a);
Count Three: Aiding and Abetting Possession With the Intent to Distribute Heroin within 1000 Feet of a Protected Location, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860(a);
Count Four: Aiding and Abetting Possession With the Intent to Distribute Fentanyl within 1000 Feet of a Protected Location, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860(a);
Count Five: Aiding and Abetting Possession With the Intent to Distribute Hydrochloride within 1000 Feet of a Protected Location, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860(a);
Count Six: Aiding and Abetting Possession With the Intent to Distribute Cocaine Base within 1000 Feet of a Protected Location, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 860(a); and
Count Seven: Aiding and Abetting Possession of Firearm in Furtherance of Drug Trafficking Crime, in violation of 18 U.S.C. §§ 924(c)(1)(A)

(Dkt. No. 16).

         After Marsh made his initial appearance on the Indictment and was arraigned (Dkt. No. 24), the Court issued an Initial Scheduling Order, setting this case for trial beginning on May 20, 2019 (Dkt. No. 27). Marsh then filed his pretrial motions on April 17, 2019 (Dkt. No. 35), and the Government filed its response on April 24, 2019 (Dkt. No. ...


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