United States District Court, D. Kansas
MEMORANDUM AND ORDER
MONTI L. BELOT, District Judge.
This case comes before the court on the following motions submitted by defendant James Black:
1) Motion for acquittal or, in the alternative, a new trial (Doc. 886);
2) Motion for arrest of judgment (Doc. 887);
3) Motion to set aside judgment (Docs. 983[*], 984[*]);
4) Motion for review (Doc. 1016[*]);
5) Motion to vacate (Doc. 1017[*]);
6) Motion for production of statements (Doc. 1019[*]); and
7) Motion for recusal (Doc. 1020[*]).
The motions have been fully briefed and are ripe for decision. (Doc. 1027, 1028)). Black's motions are denied for the reasons herein.
I. Facts and Procedural History
Black, along with three co-defendants, were charged in a Fifth Superceding Indictment filed on September 14, 2011. The indictment contained a total of 35 counts and forfeiture allegations. Black was charged in Count 2 with conspiracy to distribute cocaine occurring from an unknown date until September 23, 2007. No co-conspirators were identified by name in Count 2, only "other persons whose identities are both known and unknown...." Black was also charged with five counts of using a telephone to distribute cocaine, and four counts of possession with intent to distribute cocaine. On March 26, 2012, the court granted in part Black's motion to sever. (Doc. 867). The court severed Clearance Reed and Gregory Reynolds because Reed and Reynolds were not charged with conspiracy. See Doc. 867. The trial was set for April 3 with two defendants, Black and Michael Biglow, who was charged in a separate conspiracy count.
On April 3, the jury was empaneled. On April 10, at the conclusion of the evidence, Black moved for judgment of acquittal on all counts. The court denied Black's motion. After deliberating over two days, the jury returned a guilty verdict on all counts. Sentencing was set for July 2, 2012. Black, however, failed to appear for an interview with probation and a warrant was issued for his arrest. Black was arrested on March 24, 2014, when he was stopped by Wichita police officers. Black was charged in state court for various offenses and served a short sentence. While in state custody, Black filed various motions pro se. The court will address each motion in turn.
A. Motion for Judgment of ...