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United States of America v. Jeramy James Freriks

April 11, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JERAMY JAMES FRERIKS , DEFENDANT.



The opinion of the court was delivered by: Deborah M. Smith United States Magistrate Judge

FINAL REPORT AND RECOMMENDATION*fn1 REGARDING SEVER COUNTS [Doc. 25] DEFENDANT'S MOTION TO

I. MOTION PRESENTED

Defendant Jeramy Freriks (hereafter Freriks) is charged with four counts of forgery of securities in violation of 18 U.S.C. § 513(a), one count of unlawful possession of five or more documents or authentication features in violation of 18 U.S.C. § 1028(a)(3), (b)(1)(A), and (b)(1)(B), one count of aggravated identify theft in violation of 18 U.S.C. § 1028A(a)(1), and one count of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). His co-defendant in this case, Rodney Lee Drake, is charged with one count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and one count of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).

Freriks filed this motion at Docket 25 requesting that the Court sever Count 7 of the indictment from Counts 1-6 of the indictment. He argues that Count 7 is improperly joined based on the face of the indictment because it does not meet the requirements of Rule 8(a) of the Federal Rules of Criminal Procedure. In the alternative, he argues that Count 7 should be severed from Counts 1-6 pursuant to Rule 14 of the Federal Rules of Criminal Procedure because joinder will result in prejudice to his case.

The Government opposes the motion. It argues that Count 7 is properly joined with Counts 1-6 under Rule 8 because the allegations in all seven counts are part of a common scheme or plan and that severance under Rule 14 is not warranted in this case.

II. COUNTS 1-7 OF THE INDICTMENT

Count 1:

On or about January 13, 2008, within the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did make, utter and possess a forged security of an organization, to wit: HSBC Bank, with the intent to deceive another person and organization. All of which is in violation of Title 18, United States Code, Section 513(a). Count 2: On or about December 8, 2007, within the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did make, utter and possess a forged security of an organization, to wit: Alaska USA Federal Credit Union, with the intent to deceive another person and organization. All of which is in violation of Title 18, United States Code, Section 513(a).

Count 3: On or about December 16, 2007, within the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did make, utter and possess a forged security of a state and political subdivision thereof, to wit: State of Alaska, Alaska Permanent Fund Division, with the intent to deceive another person, organization, and government. All of which is in violation of Title 18, United States Code, Section 513(a).

Count 4: On or about December 4, 2007, within the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did make, utter and possess a forged security of an organization, to wit: Bank of America, with the intent to deceive another person and organization. All of which is in violation of Title 18, United States Code, Section 513(a).

Count 5: On or about January 15, 2008, in the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did knowingly possess with intent to use unlawfully five or more identification documents not issued lawfully for the use of the defendant, authentication features, and false identification documents [specifics of documents omitted for purposes of this recommendation] that were possessed in and affecting interstate and foreign commerce, and were and appeared to be a driver's license and personal identification card, and the offense involved the production of more than five identification documents, authentication features, and false identification documents. All of which is in violation of Title 18, United States Code, Section 1028(a)(3), (b)(1)(A) and (b)(1)(B).

Count 6: On or about January 15, 2008, in the District of Alaska, the defendant, JERAMY JAMES FRERIKS, did knowingly possess and use, without lawful authority, a means of identification of another person during and in relation to a violation 18 U.S.C. § 1028(a)(1). All of which is in violation of Title 18, United States Code, Section 1028A(a)(1). Count 7: On or about January 15, 2008, in the District of Alaska, defendant JERAMY JAMES FRERIKS did knowingly possess, in and affecting interstate and foreign commerce, firearms and ammunition, to wit: a Hi-Point 9 millimeter semi-automatic pistol, serial number P1215959, and 6 rounds of 9 millimeter ammunition, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year [details of prior conviction omitted for purposes of this recommendation]. All of which is in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

III. BACKGROUND FACTS*fn2

On January 15, 2008 a housekeeper at America's Best Suites, located on Spenard Road in Anchorage, Alaska, found a nine millimeter semi-automatic handgun underneath a pillow in room number 105. (Tr. at 8, 10). The room had ...


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