Proper joinder of co-defendants in non-conspiracy case does not require that all defendants be charged in each count

TRIAL/JOINDER United States v. Caldwell (Charles), No. 07-6251, ___ F.3d ___ (10th Cir. Mar. 30, 2009)(W.D. Oklahoma). Appeal of convictions for using wire communications in scheme to defraud mortgage lenders in violation of 18 U.S.C. § 1343. HELD: Joinder of defendant’s trial with multiple co-defendants was proper where there were a number of common threads and much common evidence connecting offenses charged in indictment. Fact that no conspiracy was charged is of no consequence. Rule 8(b) of the Federal Rules of Criminal Procedure, governing joinder, provides that not all defendants need be charged in each count. Accordingly, joinder in non-conspiracy cases is not conditioned on all defendants being charged in each count. Read the opinion here.