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No. 1587 ORDER denying Defendants' 1557 Motion to Dismiss Superseding Indictment as to James Larkin ...

Document USA v. Lacey et al, 2:18-cr-00422, No. 1587 (D.Ariz. Jun. 1, 2023)

Motion to Dismiss IndictmentDenied

Defendants Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, and Joye Vaught (“Defendants”) have filed a Motion to Dismiss the Superseding Indictment (Doc. 1557).

The Court has clarified, however, that “a person who actively participates in a criminal scheme knowing its extent and character intends that scheme’s commission.” Id. at 77 (citing with approval United States v. Easter, 66 F.3d 1018, 1024 (9th Cir. 1995) (correctly finding that unarmed driver of a getaway car had the requisite intent to aid and abet an armed bank robbery if he “knew” his cohorts would use weapons in carrying out the crime)).

Finally, the Court declines to reconsider its prior rulings and dismiss the SI due to double jeopardy concerns, the independent-standing money laundering counts, or on assumptions that the grand jury was erroneously instructed.

The Court rejects Defendants’ premise that the Travel Act offenses require the Government to allege the elements of aiding and abetting to satisfy Federal Rule of Criminal Procedure 7.

The Court has also previously rejected this assertion and identified the many specific facts tethering Defendants’ actions to their knowledge that posting the fifty ads would facilitate the business of prostitution.

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No. 1575 ORDER granting Defendant's 1574 Motion to Modify Conditions of Release as to James Larkin (2) ...

Document USA v. Lacey et al, 2:18-cr-00422, No. 1575 (D.Ariz. Apr. 18, 2023)

United States of America,

Upon consideration of Defendant James Larkin’s Unopposed Motion to Amend Conditions of Release (Doc. 1574) and finding good cause appearing,

IT IS ORDERED granting the Motion (Doc. 1574) and Defendant’s conditions of release are hereby amended to remove the location monitoring technology, condition.

IT IS FURTHER ORDERED affirming all previously imposed conditions of release unless otherwise ordered by the Court.

The Court finds there is no excludable delay.

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No. 1527 ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: ...

Document USA v. Lacey et al, 2:18-cr-00422, No. 1527 (D.Ariz. Mar. 9, 2023)

The Court will order Plaintiff to file an expeditated response and set the Motion for hearing.

The Court also seeks the parties’ positions on whether severing Defendants Lacey and Larkin for a separate trial has previously been considered,1 and whether, under the circumstances, judicial economy and the Defendants’ interests would be better served by setting Defendants Lacey and Larkin for a separate trial.

Therein, Plaintiff shall also set out its position on the issue of severing Defendants Lacey and Larkin for separate trial.

IT IS FURTHER ORDERED that Defendants may file a Response to Plaintiff’s 1 If so, the parties shall provide citation to the docket and briefing that reference such discussions.

IT IS FINALLY ORDERED that a hearing on the Motion to Continue Trial (Doc. 1526) is set for Monday, March 20, 2023, at 3:00 p.m. in Courtroom 605 of the Sandra Day O’Connor U.S.

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No. 1524 ORDER as to Michael Lacey, James Larkin, Scott Spear, John Brunst, Andrew Padilla, Joye Vaught: ...

Document USA v. Lacey et al, 2:18-cr-00422, No. 1524 (D.Ariz. Feb. 17, 2023)

On July 25, 2018, a federal grand jury returned a 100-count Superseding Indictment (“SI”) against Defendants Michael Lacey, James Larkin, Scott Spear, John “Jed” Brunst, Dan Hyer, Andrew Padiliia, Joye Vaught (collectively, “Defendants”).

Pursuant to Federal Rule of Criminal Procedure 17.1, a Final Pretrial Conference is set for June 14, 2023, at 1:00 p.m. before the Honorable Diane J. Humetewa in Courtroom 605 of the Sandra Day O’Connor United States Courthouse, 401 W. Washington St., Phoenix, AZ, 85003.

There have been no breaks in the chain of custody between when the drugs were seized by law enforcement in this case and the date of trial.” Or: Stipulation of Evidence: The parties waive any objections relating to authenticity of the photos.

“The doctrine encourages the conservation of limited judicial resources and promotes consistency by allowing court decisions to govern the same issues in subsequent stages of the same case.” East Bay Sanctuary Covenant v. Trump, 950 F.3d 1242, 1262 (9th Cir. 2020) (citing Am. Civil Liberties Union v.

The parties must meet in person to exchange marked copies of all exhibits to be used at trial (excluding impeachment evidence not subject to early disclosure) no later than seven (7) days before the Final Pretrial Conference.

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