Should the propriety of joinder under Rule 8 be judged strictly by the allegations on the indictment or should factors beyond the indictment be considered?

QUESTION PRESENTED . Jak hho naw TA SP PR YE . . \ yaa i ae In determining the propriety of Joinder of offenses and/or defendants an under Rule 8 Federal Rules of Criminal Procedure, there is a profound circuit split in a crucially consequential area. The Fifth, Sixth, Seventh, Eighth, and . Ninth Circuits have held that the propriety of Joinder Under Rule 8 — must ; be judged solely by the allegations on the face of the indictment. On the other hand, the Third, Fourth, Tenth, Eleventh, and D.C. Circuits to varying extents, consider factors beyond the indictment. The later Circuits consider factors that : include the allegations on the indictment, pretrial evidence, tria! evidence, and appellate arguments in determining the propriety of Joinder Under Rule 8. ; The question presented is should the propriety of Joinder — under Rule 8 — be judged strictly by the allegations on the indictment (as the Fifth, Sixth, Seventh, Eight, and Ninth Circuits have held)? Or should factors beyond the indictment be considered (as the Third, Fourth, Tenth, Eleventh, and D.C. Circuits have held)? | | GSVIS0SA™: | Oe Pos ; | i :