IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

 

 

 

 

UNITED STATES OF AMERICA :

                          VS.                            :       CRIMINAL NUMBER xx-0065-04 (CRR)

xxxxxxxxxxxxxxxxxxxx :

 

MOTION FOR BILL OF PARTICULARS

 

xxxxxxxxx, by his attorney, W. Gregory Spencer, Assistant Federal Public Defender, respectfully moves this Court, pursuant to Federal Rule of Criminal Procedure 7(f), to direct the government to supply the following particulars in reference to the indictment filed in the above captioned case:

1. With respect to Count One, the date of the earliest statement and/or event upon which the prosecution will rely to prove that the conspiracy existed.

2. With respect to Count One, the nature of any and all statements and/or events, other than those already contained in the indictment, upon which the prosecution intends to rely to prove that the conspiracy existed.

3. With respect to Count One, the date and nature of the earliest statement and/or event upon which the prosecution will rely to establish when each defendant joined the conspiracy.

4. With respect to Count One, the date and nature of the earliest statement and/or event upon which the prosecution will rely to establish when xxxxxxxxxx joined the conspiracy.

WHEREFORE, it is respectfully requested that the Court grant this Motion For Bill of Particulars.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

W. GREGORY SPENCER

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, DC 20004

(202) 208-7500

 

 IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

 

 

 

UNITED STATES OF AMERICA :

                                     VS.                : CRIMINAL NUMBER xx-0065-04 (CRR)

xxxxxxxxxxxxxxxxx xxxxxxx :

 

MEMORANDUM IN SUPPORT OF
MOTION FOR BILL OF PARTICULARS

 Federal Rule of Criminal Procedure 7(f) provides that the Court may direct the filing of a bill of particulars upon the motion of a defendant. The purpose of a bill of particulars is to apprise the defendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands the charges, (2) can prepare a defense, (3) can avoid prejudicial surprise at trial, and (4) can be possible be protected against retrial for the same offense. United States v. Butler, 822 F. 2d 1191 (D.C. Cir. 1987); See, e.g., United States v. Ramirez, 602 F. Supp. 783, 793 (S.D.N.Y. 1985). The determination as to whether a bill of particulars should be provided is within the discretion of the trial court. United States v. Butler, 822 F. 2d at 1194.

In the present case,xxxxxxx is charged in Count One of the above captioned indictment with Conspiracy to Distribute 50 Grams or More of Cocaine Base in violation of 21 U.S.C. 846. Count One alleges that the Conspiracy existed from "on or about September 30, 1992, to on or about January 15, 1993." However, Count One fails to state any of the alleged overt acts necessary to support the government's charge that a conspiracy existed and that  xxxxxxx was involved in it. In addition, other than Count One, Mr. xxxxxxx's only other charges stem from transactions which allegedly occurred between January 8, 1993, and January 15, 1993 (Counts 20, 23, 28 and 32). Further, in all but the last of the alleged transactions, Mr. xxxxxxx is charged alone. Therefore, the information sought by this Motion For Bill Of Particulars is absolutely necessary to permit Mr. xxxxxxx to adequately prepare a defense to the conspiracy alleged in Count One.

WHEREFORE, it is respectfully requested that this Motion For Bill Of Particulars be granted.

Respectfully submitted,

A.J. KRAMER

FEDERAL PUBLIC DEFENDER

W. GREGORY SPENCER

Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, DC 20004

(202) 208-7500

 

CERTIFICATE OF SERVICE

I, W. Gregory Spencer, Assistant Federal Public Defender, hereby certify that I have served a copy of the attached Motion For Bill of Particulars and Memorandum of Law In Support Thereof upon Cathleen Corken, Esquire, Assistant United States Attorney, by delivering a copy to box so designated at the United States Courthouse for the use of the United States Attorney's Office, Judiciary Center Building, 555 Fourth Street, N.W., Washington, DC 20001, and also upon co-counsel, Archie Nichols, Esquire; Thomas Abbenante, Esquire; and Ronald Goodbread, Esquire, by mail, postage prepaid, to their respective offices.

 

 

W. GREGORY SPENCER

Assistant Federal Public Defender

 

DATE:

 

 

Cathleen Corken, Esquire

Assistant United States Attorney

555 4th Street, N.W., Room 5909

Washington, D.C. 20001

Archie Nichols, Esquire

601 Pennsylvania Avenue, N.W., Suite 900

Washington, D.C. 20004

Thomas Abbenante, Esquire

1919 Pennsylvania Avenue, N.W., Suite 201

Washington, D.C.

Ronald Goodbread, Esquire

919 N. VanDorn Street

Alexandria, VA 22304