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U.S. v. ANDREWS

No. 89 CR 0908-1.

749 F.Supp. 1517 (1990)

UNITED STATES of America, Plaintiff, v. Henry ANDREWS, Thomas Bates, Roger Bowman, Jeff Boyd, George Carter, Jackie Clay, Edgar Cooksey, Andrew Craig, Jerome Crowder, Lawrence Crowder, Floyd Davis, William Doyle, Harry Evans, Eddie Franklin, Bernard Green, Charles Green, Henry Leon Harris, Earl Hawkins, Louis Hoover, J.L. Houston, Eugene Hunter, Derrick Kees, Isiah Kitchen, Alan Knox, Sammy Knox, Roland Lewis, Felix Mayes, Melvin Mayes, Walter Pollard, Derrick Porter, Noah Robinson, Michael Sardin, James Speights, Anthony Sumner, Freddie Elwood Sweeney, Melvin Tillman, Edward Williams and Rickie Dean Williams, Defendants.

United States District Court, N.D. Illinois, E.D.

October 16, 1990.

Attorney(s) appearing for the Case

William Hogan and Ted Poulous, Asst. U.S. Attys., Chicago, Ill., for plaintiff.

Gary Ravitz, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Defendant Henry Andrews, one of 38 defendants in this case, moves pursuant to Federal Rules of Criminal Procedure 7(d) to strike surplusage from the indictment. For the following reasons, this motion is denied.

DISCUSSION

On the motion of a defendant, it is within a court's discretion to strike, as surplusage, "immaterial or irrelevant allegations ... which may, however, be prejudicial...

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