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U.S. v. BYRD

No. 06 Cr. 580(JSR).

466 F.Supp.2d 550 (2006)

UNITED STATES of America, v. Darius BYRD, et al., Defendants.

United States District Court, S.D. New York.

December 26, 2006.

Attorney(s) appearing for the Case

Jessica Ann Masella, Samidh Guha, U.S. Attorney's Office, New York, NY, for United States of America.

Bobbi C. Sternheim, Rochman Platzer Fallick Sternheim Luca & Pearl, LLP, Anthony L. Ricco, Michael Alan Young, Michael A. Young, Esq., Avraham Chaim Moskowitz, Moskowitz & Book, LLP, David S. Greenfield, Denis Patrick Kelleher, Jr., Kelleher & Dunne LLP, Marion A. Seltzer, George Robert Goltzer, New York, NY, Howard Lester Jacobs, for Defendants.

OPINION AND ORDER

RAKOFF, District Judge.

Defendant Jermail Manuel moves for severance and for the trial -of his case to begin on February 26, 2007, on the ground, inter alia, that the extended delays that will occur while the Government determines whether to seek the death penalty for the five co-defendants the Government has designated as eligible for the death penalty will deprive him of a speedy trial. For the reasons set forth below, the...

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