Offenses Committed Pursuant to the Same Charges May Be Joined In a Single Indictment
In United States v. Baltas, 236 F.3d 27 (1st Cir. 2001), the pertinent indictment listed kidnaping and conspiracy to possess with intent to distribute heroin as predicate RICO acts in which the defendant had participated.
The "conspiracy to possess" activity was also listed in the indictment as a separate criminal charge.
In determining that the trial court did not err in denying the defendant's motion to sever the RICO counts from the charge of conspiracy to possess and distribute heroin, the Baltas court stated that "offenses committed pursuant to the same (charged) racketeering enterprise and conspiracy may be joined in a single indictment." Id. at 33 (quoting United States v. Zannino, 895 F.2d 1, 16 (1st. Cir 1990)).
The court also noted:
"There is always some prejudice in any trial where more than one offense or offender are tried together--but such 'garden variety' prejudice, in and of itself, will not suffice to justify severance of charges joined in one indictment." Baltas, 236 F.3d at 34 (quoting United States v. Boylan, 898 F.2d 230, 246 (1st Cir. 1990)).