LEONARD P. STARK, District Judge.
Pending before the Court in this criminal action are multiple pretrial motions filed by the government and Defendant, Sean David Woodson ("Defendant" or "Woodson"). In advance of a pretrial conference to be held this same day, the Court rules on Defendant's motions. As the Court has not received a response from Defendant to the government's motions, the Court will address the government's motions at the pretrial conference, after providing Defendant an opportunity to respond.
On February 17, 2010, a grand jury returned a one-count Superseding Indictment charging Woodson with being a felon in possession of a firearm on October 8, 2009, in violation of 18 U.S.C. § 924(g)(1) & 924(e). (D.I. 17) On January 4, 2011, following trial, a jury found Woodson guilty. (D.I. 110, 111) Subsequently, Woodson's post-trial motion for a new trial was granted. (D.I. 157)
Both Woodson and the government filed appeals, which were resolved by the Third Circuit on January 11, 2012 and January 28, 2013, respectively. (D.I. 186, 243) On March 14, 2013, the Court held a status conference with the parties and, thereafter, scheduled a jury trial of up to four days to begin on July 22, 2013. (D.I. 283)
On April 2, 2013, a grand jury returned a nine-count Second Superseding Indictment. (D.I. 305) Count I repeats the felon in possession charge of the earlier Superseding Indictment. The additional counts are: obstruction of justice on January 29, 2013 by submitting false documents to this Court, in violation of 18 U.S.C. § 1503 (Count II); obstruction of justice on January 24, 2013 by submitting false documents to a justice repository in Maryland, in violation of 18 U.S.C. § 1503 (Count III); obstruction of justice on November 2, 2012 by submitting false documents to the Baltimore County Police Department, in violation of 18 U.S.C. § 1503 (Count IV); obstruction of justice - witness tampering on December 5, 2010 by corruptly persuading another person with the intent to influence his testimony at the first trial in this matter, in violation of 18 U.S.C. § 1512(b)(2)(A) (Count VI); obstruction of justice - witness tampering on November 5, 2010 by corruptly persuading another person to withhold testimony from the first trial in this matter, in violation of 18 U.S.C. § 1512(b)(2)(A) (Count VII); and, on October 8, 2009, possession of oxycodone, heroin, and marijuana, in violation of 21 U.S.C. § 844(a) (Counts VII, VIII, IX). (Throughout the remainder of this Memorandum Order, the Court sometimes refers to Counts II through VI collectively as the "obstruction counts" and Counts VII through IX collectively as the "drug possession counts.")
On multiple occasions, including following extensive colloquies, Woodson has expressed his desire to exercise his right to represent himself. ( See, e.g., D.I. 265, D.I. 306 at 3-11, D.I. 412) Woodson has been in custody since October 8, 2009.
On June 26, 2013, the Court issued a Memorandum Order resolving numerous pretrial motions. (D.I. 351) Among other things, the Court's Memorandum Order: severed the felon-in-possession and drug possession counts for a separate trial from the obstruction counts; denied Woodson's motion to suppress evidence of a search of his prison cell; denied Woodson's motion to exclude other crimes evidence; and denied without prejudice to renew certain motions addressed to issues relating only to the obstruction counts, which the Court ruled would be tried after trial of the other counts. ( Id. )
On July 25, 2013, after trial on the felon-in-possession and drug possession counts, a jury returned a verdict of guilty on unlawful possession of heroin and marijuana and verdicts of not guilty on the firearm possession and unlawful possession of Oxycodone counts. (D.I. 391) Trial on the obstruction counts is scheduled to begin on September 17, 2013.
For Judgment of Acquittal (D.I. 383)
Although the docket shows this motion as pending, the Court denied it during trial. ( See Transcript, July 24, 2013 at C-543 to C-546)
For U.S. Marshal Transport to State Hearing (D.I. 392)
This motion is denied, based on the government's representation that no official in the State of Maryland has requested the assistance of the federal government to transport Woodson to Maryland for any hearing. (D.I. 397 at 2)
For Copy of Motions and Docket Entry List (D.I. 399)
This motion will be granted. The Clerk of Court is directed to provide Woodson with copies of the documents he requested (D.I. 314, D.I. 347, D.I. 383, and the docket index).
Renewal of Motion for Judgment of Acquittal on Counts III and IV (D.I. 400)
Following the July 25, 2013 return of the jury's verdict, Woodson renewed his motion for judgment of acquittal as to Counts III and IV - that is, the counts on which he was found guilty (charging unlawful possession of heroin and marijuana). In support, Woodson "offers the same reasons expounded" in his original motion for judgment of acquittal filed during trial. (D.I. 400) The Court will ...