United States v. Randeep Mann
701 F.3d 274
| 8th Cir. | 2012Background
- Dr. Trent Pierce was bombed in West Memphis, Arkansas, Feb 4, 2009, by a device using an MK3A2 grenade and a spare tire.
- ATF investigated through the Arkansas Medical Board; Mann’s name appeared on a list of disciplined doctors, triggering interrogations of Mann and his wife.
- 98 unregistered 40mm grenades were discovered near Mann’s home; searches yielded additional related grenades and firearms.
- Mann was indicted in multiple superseding indictments (Counts 1-8) including weapons of mass destruction conspiracy, arson, possession of unregistered grenades and guns, obstruction of justice, and related conduct by Sangeeta Mann.
- Trial resulted in conviction on seven counts, with sentencing courts imposing concurrent life, decades-long, and shorter terms; Mann challenges pretrial, trial, and sentencing rulings on appeal.
- This court affirms in part, reverses in part, and remands for resentencing, notably vacating-counts overlapping under Blockburger and reconsidering sentencing enhancements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy Trial Act extension | Mann argues indictment should be dismissed for not filing within 30 days. | Government contends automatic extension when no grand jury sits, requiring no motion. | Extension automatic; no dismissal required. |
| Multiplicity and double jeopardy (Counts 5 and 6 vs. Counts 3 and 4) | Counts 5–6 duplicative with 3 and 6 under Blockburger. | Counts 5–6 separate offenses for unregistered vs. registered machineguns. | Counts 5 and 6 are multiplicious; remand to vacate one conviction. |
| Notice and Bill of Particulars (Count 7) | Indictment insufficient to notify precise conspiracy to obstruct justice. | Bill of particulars supplied precise allegations; indictment adequate. | Indictment sufficient; bill of particulars did not constructively amend. |
| Joinder and severance (Rule 8/14) of counts and defendants | Misjoinder of firearms counts with bombing/obstruction; severance warranted. | Severance not necessary; counts related and properly joined. | Counts 3,5,6 improperly joined; no reversible prejudice; severance not warranted for overall conviction; remand on counts affected. |
| Sufficiency of evidence for Count 1 (WMD conspiracy and aiding/abetting) | Circumstantial evidence shows Mann participated in a conspiracy to use a WMD. | Evidence does not prove interstate-commerce relationship and conspiracy beyond reasonable doubt. | Evidence sufficient; conviction affirmed for Count 1. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (two offenses require proof of different elements)
- Jones v. United States, 529 U.S. 848 (2000) (uses interstate commerce jurisdictional analysis for § 844(i))
- Michaels, 726 F.2d 1307 (10th Cir. 1984) (vehicle used in business can satisfy ‘used in commerce’)
- Quigley, 53 F.3d 909 (8th Cir. 1995) (depletion of assets theory to support jurisdiction)
- Elliott, 128 F.3d 671 (8th Cir. 1997) (rejected implicit repeal rationale for §922(o) and §5861(d))