United States v. Donald

1

UNITED STATES OF AMERICA, Plaintiff, v. KEISHAWN DONALD, TREVON WRIGHT, ERIC HAYES and TRAVON JONES, Defendants.

No. 3:21-cr-8 (VAB)

United States District Court, D. Connecticut

November 8, 2024

RULING AND ORDER ON POST-TRIAL MOTIONS

VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE

Keishawn Donald, Trevon Wright, Eric Hayes, and Travon Jones (collectively, the “Defendants”)^[1] were charged in a single-count Superseding Indictment with crimes related to the possession and distribution of narcotics, robberies, and acts of violence, including murders and assaults. See Second Superseding Indictment, ECF No. 412 (Sept. 7, 2023) (“Second Superseding Indictment”).

After sixteen days of the Government presenting its case-in-chief each of the Defendants orally moved for acquittal. See Min. Entry, ECF No. 555 (Nov. 29, 2023).

Each Defendant subsequently filed a motion for judgment of acquittal and/or a motion for a new trial. See ECF Nos. 556, 584, 590-92, 598-99.

For the following reasons, the Court DENIES Defendants' motions for a new trial and also DENIES the motions for acquittal.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Pre-Trial Case History

a. Keishawn Donald

On January 19, 2021, a grand jury returned an indictment charging Mr. Donald with Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d). See Indictment, ECF No. 11.

On February 11, 2021, Mr. Donald appeared for an arraignment before U.S. Magistrate Judge William I. Garfinkel. Min. Entry, ECF No. 33. He pled not guilty and the Court ordered that he be detained. Id.; Order of Detention, ECF No. 34.

On May 3, 2021, a grand jury returned a Superseding Indictment charging Mr. Donald with the same single Count but adding additional Overt Acts and Special Sentencing Factors. Sealed Superseding Indictment, ECF No. 52.

On May 26, 2021, Mr. Donald appeared for an arraignment before U.S. Magistrate Judge Thomas O. Farrish. See Min. Entry, ECF No. 114. He pled not guilty. Id.

On September 7, 2023, a grand jury returned a Second Superseding Indictment charging Mr. Donald with the same Count but adding additional information. ECF No. 412.

On September 13, 2023, Mr. Donald appeared for an arraignment before Judge Farrish. See Min. Entry, ECF No. 428. He pled not guilty. Id.

b. Trevon Wright

On January 19, 2021, a grand jury returned an indictment charging Mr. Wright with Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d). See Indictment, ECF No. 11.

On January 21, 2021, Mr. Wright appeared for an arraignment before U.S. Magistrate Judge William I. Garfinkel. Min. Entry, ECF No. 19. He pled not guilty, and the Court ordered that he be detained. Id.; Order of Detention, ECF No. 22.

On May 3, 2021, a grand jury returned a Superseding Indictment charging Mr. Wright with the same single Count but adding additional Overt Acts and Special Sentencing Factors. Sealed Superseding Indictment, ECF No. 52.

On May 21, 2021, Mr. Wright appeared before Judge Farrish for an arraignment. See Min. Entry, ECF No. 110. He pled not guilty. Id.

On September 7, 2023, a grand jury returned a Second Superseding Indictment charging Mr. Wright with the same Count but adding additional information. ECF No. 412.

On September 13, 2023, Mr. Wright appeared for an arraignment before Judge Farrish. See Min. Entry, ECF No. 429. He pled not guilty. Id.

c. Eric Hayes

On January 19, 2021, a grand jury returned an indictment charging Mr. Hayes with Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d). See Indictment, ECF No. 11.

On March 8, 2021, Mr. Hayes appeared for an arraignment before U.S. Magistrate Judge Holly B. Fitzsimmons. Min. Entry, ECF No. 46. He pled not guilty. Id.

On May 3, 2021, a grand jury returned a Superseding Indictment charging Mr. Hayes with the same single Count but adding additional Overt Acts and Special Sentencing Factors. Sealed Superseding Indictment, ECF No. 52.

On May 21, 2021, Mr. Hayes appeared before Judge Farrish for an arraignment. See Min. Entry, ECF No. 108. He pled not guilty. Id.

On September 7, 2023, a grand jury returned a Second Superseding Indictment charging Mr. Hayes with the same Count but adding additional information. ECF No. 412.

On September 13, 2023, Mr. Hayes appeared for an arraignment before Magistrate Thomas O. Farrish. See Min. Entry, ECF No. 430. He pled not guilty. Id.

d. Travon Jones

On May 3, 2021, a grand jury returned a Superseding Indictment charging Mr. Jones with Racketeering Conspiracy in violation of 18 U.S.C. § 1962(d). Sealed Superseding Indictment, ECF No. 52.

On May 12, 2021, Mr. Jones appeared before Judge Farrish for an arraignment. See Min. Entry, ECF No. 82. He pled not guilty, id., and Judge Farrish determined that detention was warranted. Order of Detention, ECF No. 84.

On August 29, 2021, Mr. Jones pled guilty to Count One of the Superseding Indictment. Min. Entry, ECF No. 246; Plea Agreement, ECF No. 247.

On March 9, 2023, Mr. Jones filed a motion to withdraw his guilty plea. Mot. to Withdraw Plea of Guilty, ECF No. 322.

On July 21, 2023, the Court granted Mr. Jones's motion to withdraw his guilty plea. Order, ECF No. 374.

On September 7, 2023, a grand jury returned a Second Superseding Indictment charging Mr. Jones with the same Count but adding additional information. ECF No. 412.

On September 13, 2023, Mr. Jones appeared for an arraignment before Judge Farrish. See Min. Entry, ECF No. 431. He pled not guilty. Id.

B. Trial Proceedings

Jury selection took place over the course of October 30, 2023 and October 31, 2023. Min. Entry, ECF No. 503 (Oct. 30, 2023); Min. Entry, ECF No. 508 (Oct. 31, 2023). Trial began on November 1, 2023. Min. Entry, ECF No. 509 (Nov. 1, 2023).

The Government presented its case-in-chief over the course of sixteen days. See Min. Entry, ECF No. 509 (Nov. 1, 2023); Min. Entry, ECF No. 513 (Nov. 2, 2023); Min. Entry, ECF No. 514 (Nov. 3, 2023); Min Entry, ECF No. 516 (Nov. 6, 2023); Min Entry, ECF No. 525 (Nov. 8, 2023); Min. Entry, ECF No. 529 (Nov. 9, 2023); Min. Entry, ECF No. 530 (Nov. 13, 2023); Min. Entry, ECF No. 531 (Nov. 14, 2023); Min. Entry, ECF No. 537 (Nov. 15, 2023); Min. Entry, ECF No. 548 (Nov. 16, 2023); Min. Entry, ECF No. 549 (Nov. 17, 2023); Min. Entry, ECF No. 550 (Nov. 20, 2023); Min. Entry, ECF No. 551 (Nov. 21, 2023); Min. Entry, ECF No. 553 (Nov. 27, 2023); Min. Entry, ECF No. 554 (Nov. 28, 2023); Min. Entry, ECF No. 555 (Nov. 29, 2023).

On November 29, 2023, the Government rested, and each of the Defendants orally moved for acquittal. See Min. Entry, ECF No. 555 (Nov. 29, 2023). Mr. Jones also filed a supplemental memorandum in support of his oral motion. Supp. Mem. in Support of Oral Mot., ECF No. 556 (Nov. 29, 2023).

On November 20, 2023, the Government submitted a memorandum in opposition to Mr. Jones's supplemental memorandum. Opp'n to Supp. Mem. in Support of Oral Mot., ECF No. 564 (Nov. 30, 2023).

On December 13, 2023, Mr. Donald filed a written motion for acquittal and for a new trial. See Mot. for J. of Acquittal and Mot. for a New Trial, ECF No. 584. On January 13, 2023, Mr. Donald filed a memorandum of law in support of both motions. See Mem. in Support of Mot. for J. of Acquittal and for a New Trial, ECF No. 590 (“Donald Mot.”).

On January 15, 2023, Mr. Hayes filed a written motion for acquittal. See Mot. for J. of Acquittal, ECF No. 591 (“Hayes Mot.”).

On January 16, 2023, Mr. Wright filed a motion for a new trial. See Mot. for a New Trial, ECF No. 592 (“Wright Mot.”).

On January 19, 2023, Mr. Jones filed a motion for a new trial and a motion for acquittal. See Mot. for Acquittal under Rule 29, ECF No. 598; Mem. in Support of Mot. for Acquittal, ECF No. 598-1 (“Jones Mot. for Acquittal”); Mot. for a New Trial under Rule 33, ECF No. 599; Mem. in Support of Mot. for a New Trial; ECF No. 599-1 (“Jones Mot. for New Trial”).

On February 15, 2024, the Government filed a memorandum in opposition to the Defendants' motions for acquittal and motions for a new trial. See Mem. in Opp'n, ECF No. 624 (“Gov't Opp'n”).

On February 22, 2024, Mr. Wright filed a reply to the Government's response. Reply to Gov't Opp'n to Mot. for a New Trial, ECF No. 628 (“Wright Reply”).

On June 28, 2024, Mr. Donald filed a supplemental motion for acquittal and for a new trial. Supp. Mot. for Acquittal and for a New Trial, ECF No. 661 (“Donald Supp. Mot.”).

On July 8, 2024, the Government filed a memorandum in opposition to Mr. Donald's motion. Mem. in Opp'n to Keishawn Donald's Supp. Rule 29 and Rule 33 Mot., ECF No. 662. (“Gov't Opp'n to Supp. Mot.”).

On July 30, 2024, Mr. Donald filed a reply to the Government's opposition. Reply to Gov't Opp'n to Mot. to Supp. Rule 29 and Rule 33 Mot, ECF No. 669 (“Donald Supp. Mot. Reply”).

II. STANDARD OF REVIEW

A. Motion for Acquittal

When reviewing a motion for judgment of acquittal, courts must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original).

“A court may enter a judgment of acquittal only if the evidence that the defendant committed the crime alleged is nonexistent or so meager that no reasonable jury could find guilt beyond a reasonable doubt.” United States v. Facen, 812 F.3d 280, 286 (2d Cir. 2016) (alteration and internal quotation marks omitted) (quoting United States v. Guadagna, 183 F.3d 122, 130 (2d Cir. 1999)). A defendant challenging the sufficiency of the evidence thus “bears a heavy burden.” United States v. Si Lu Tian, 339 F.3d 143, 150 (2d Cir. 2003) (internal quotation marks omitted).

“[C]ourts must be careful to...