ORDER ON PENDING MOTIONS
1. Defendant's Second Motion to Suppres Evidence. The motion is
DENIED for the reasons stated in my Decision and Order on Motion to Suppress dated September 30, 2011.
2. Defendant's Motion for Bill of Particulars. The motion is DENIED AS
MOOT now that the government has provided the requested information and the defendant has not filed any reply arguing that the disclosure is inadequate.
3. Defendant's Motion for Relief from Multiplicity in the Indictment.
The motion is DENIED because the Counts are not multiplicitous for the reasons stated in the government's responding memorandum concerning the elements of the respective offenses, but WITHOUT PREJUDICE to the motion's renewal at sentencing if the defendant is convicted on more than one of the Counts challenged.
D. Brock Hornby