Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Lail

United States District Court, D. Nevada

March 24, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
GURPREET SINGH LAIL, and RANJEET SINGH, Defendants.

ORDER

ROBERT C. JONES, District Judge.

This case arises out of an alleged conspiracy to sell synthetic cannabinoids from a convenience store. Defendant Gurpreet Singh Lail has filed two motions to suppress (ECF Nos. 55 and 56), a motion to dismiss multiple indictment counts (ECF No. 58), and a motion for permission to move for a bill of particulars (ECF No. 57). For the reasons stated herein, the Court denies each of these motions.

I. BACKGROUND

On September 11, 2013, the grand jury issued a second superseding indictment against Defendants Gurpreet Singh Lail ("Lail") and Ranjeet Singh ("Singh") on nine counts. (Second Superseding Indictment, ECF No. 43). In Count One, titled "Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance or a Controlled Substance Analogue, " the indictment alleges that between June 28, 2012 and February 6, 2013, Defendants conspired with each other to possess with intent to distribute and distribute a mixture or substance containing detectable amounts of (1) AM2201, a Schedule I controlled substance; (2) JWH-018, a Schedule I controlled substance; (3) XLR11, a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018; (4) UR-144, a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018; in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 846. ( Id. ).

In Count Two, titled "Distribution of a Controlled Substance Analogue, " the indictment alleges that on June 28, 2012, Defendants knowingly distributed a mixture or substance containing a detectable amount of AM2201 in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2. ( Id. ).

In Count Three, also titled "Distribution of a Controlled Substance Analogue, " the indictment alleges that on July 6, 2012, Singh knowingly distributed a mixture or substance containing a detectable amount of AM2201 in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2. ( Id. ).

In Count Four, titled "Maintaining Drug-Involved Premises, " the indictment alleges that between June 28, 2012 and February 6, 2013, Defendants knowingly and intentionally opened, used, and maintained the M&K convenience store, located at 301 North Taylor Street, Fallon, Nevada, for the purpose of manufacturing, distributing, and using the aforementioned substances. ( Id. ).

In Count Five, titled "Possession with Intent to Distribute a Controlled Substance Analogue, " the indictment alleges that on February 6, 2013, Defendants knowingly possessed, with intent to distribute, a mixture or substance (with packaging labeled "Diablo") containing a detectable amount of XLR11, which is a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2. ( Id. ).

In Count Six, also titled "Possession with Intent to Distribute a Controlled Substance Analogue, " the indictment alleges that on February 6, 2013, Defendants knowingly possessed, with intent to distribute, a mixture or substance (with packaging labeled "Puff") containing a detectable amount of both UR-144 and XLR11, each of which is a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2. ( Id. ).

In Count Seven, also titled "Possession with Intent to Distribute a Controlled Substance Analogue, " the indictment alleges that on February 6, 2013, Defendants knowingly possessed, with intent to distribute, a mixture or substance (with packaging labeled "Smokin Dragon") containing a detectable amount of both UR-144 and XLR11, each of which is a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C.

In Count Eight, titled "Possession with Intent to Distribute a Controlled Substance and Controlled Substance Analogue, " the indictment alleges that on February 6, 2013, Defendants knowingly possessed, with intent to distribute, a mixture or substance (with packaging labeled "Smokin Dragon") containing a detectable amount of AM2201, a Schedule I controlled substance, and UR-1444 and XLR11, in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. ( Id. ).

In Count Nine, also titled "Possession with Intent to Distribute a Controlled Substance Analogue, " the indictment alleges that on February 6, 2013, Defendants knowingly possessed, with intent to distribute, a mixture or substance (with packaging labeled "Knockout") containing a detectable amount of XLR11, which is a controlled substance analogue, as defined in 21 U.S.C. § 802(32)(A), of JWH-018, a Schedule I controlled substance, in violation of 21 U.S.C. §§ 802(32)(A), 813, 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2. ( Id. ).

The Pending motions now follow.

II. MOTION TO SUPPRESS SEIZED EVIDENCE (ECF No. 55)

Defendant Lail moves for an order suppressing the evidentiary fruits of the warrantless search of the M&K convenience store. The Court denies the motion, finding that Defendant ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.