The opinion of the court was delivered by: RICHEY
This action is before the Court on the joint motion of the defendants Jane Kember and Morris Budlong for an order divesting the Court of jurisdiction.
On August 15, 1978, a United States Grand Jury returned a twenty-eight count indictment against eleven individuals. Nine of the defendants were found guilty in a trial to the Court based on a stipulated record on October 26, 1979. The defendants Kember and Budlong were at that time in the process of being extradited from Great Britain. Because of their absence from this jurisdiction, on September 17, 1979, the Court granted the motion of the other nine defendants to sever Kember and Budlong from the case. The defendants Kember and Budlong were named in twenty-four of the twenty-eight counts in the indictment. They were charged by the Grand Jury with conspiracy to illegally obtain government documents in violation of 18 U.S.C. § 371, conspiracy to obstruct justice also in violation of 18 U.S.C. § 371, illegal interception of wire or oral communication in violation of 18 U.S.C. § 2511(1)(a), ten counts of theft of government property in violation of 18 U.S.C. § 641, obstruction of justice in violation of 18 U.S.C. § 1503, and ten counts of second degree burglary in violation of 22 D.C.Code § 1801(b).
It is the defendants' contention that because they can be tried only on the burglary counts, which charge violations of the District of Columbia Code, this Court lacks jurisdiction over this case.
II. SECTION 502 OF TITLE 11 OF THE DISTRICT OF COLUMBIA CODE
The issue before the Court is controlled by section 502 of the District of Columbia Code Title 11. As the Supreme Court of the United States has often stated, a question of statutory construction should begin with an examination of the language of the statute itself. See Touche Ross & Co. v. Redington, 442 U.S. 560, 568, 99 S. Ct. 2479, 2485, 61 L. Ed. 2d 82 (1979); Cannon v. University of Chicago, 441 U.S. 677, 688, 99 S. Ct. 1946, 1953, 60 L. Ed. 2d 560 (1979); Teamsters v. Daniel, 439 U.S. 551, 564, 99 S. Ct. 790, 799, 58 L. Ed. 2d 808 (1979); Santa Fe Indus., Inc. v. Green, 430 U.S. 462, 472, 97 S. Ct. 1292, 1300, 51 L. Ed. 2d 480 (1977); Piper v. Chris-Craft Indus., Inc., 430 U.S. 1, 24, 97 S. Ct. 926, 940, 51 L. Ed. 2d 124 (1977); Ernst & Ernst v. Hochfelder, 425 U.S. 185, 197, 96 S. Ct. 1375, 1382, 47 L. Ed. 2d 668 (1976).
Section 502 of Title 11 of the District of Columbia Code provides:
In addition to its jurisdiction as a United States district court and any other jurisdiction conferred on it by law, the United States District Court for the District of Columbia has jurisdiction of the following:
(3) Any offense under any law applicable exclusively to the District of Columbia which offense is joined in the same information or indictment with any Federal offense.
The indictment in this case joins offenses under the District of Columbia Code and the United States Code against both defendants. Thus, under the plain language of section 502, this Court would have jurisdiction to try this case.
In an attempt to avoid the plain language of section 502, defense counsel rely on United States v. Jackson, 183 U.S. App. D.C. 270, 562 F.2d 789 (D.C.Cir.1977), and United States v. Shepard, 169 U.S. App. D.C. 353, 515 F.2d 1324 (D.C.Cir.1975).
In the Shepard case, the appellant was indicted on one United States Code count and three counts under the District of Columbia Code. Id. at 1326-27. Prior to submitting the case to the jury, the Government elected to dismiss the United States Code count because of a variance between the proof and that charge in the indictment. Id. at 1328. The appellant argued that the District Court's jurisdiction over the D.C.Code offenses lapsed upon the dismissal of the federal count in the indictment. Id. at 1328. The Court of Appeals rejected this contention and held that where federal and local offenses have been properly joined in one indictment and jeopardy ...