bill of particulars

23/10/2015 Bill of Particulars

http://dc.fd.org/motions/billpart/gadson.htm 1/4

IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

VS. : CRIMINAL NUMBER xx006504 (CRR)

xxxxxxxxxxxxxxxxxxxx :

MOTION FOR BILL OF PARTICULARS

xxxxxxxxx, by his attorney, W. Gregory Spencer, Assistant Federal Public Defender, respectfullymoves this Court, pursuant to Federal Rule of Criminal Procedure 7(f), to direct the government tosupply 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 theprosecution 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 thosealready contained in the indictment, upon which the prosecution intends to rely to prove that theconspiracy existed.

3. With respect to Count One, the date and nature of the earliest statement and/or event upon whichthe 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 whichthe 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

http://dc.fd.org/motions/billpart/gadson.htm



Assistant Federal Public Defender

625 Indiana Avenue, N.W., Suite 550

Washington, DC 20004

(202) 2087500

IN THE

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA :

VS. : CRIMINAL NUMBER xx006504 (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 ofparticulars upon the motion of a defendant. The purpose of a bill of particulars is to apprise thedefendant of the nature of the charges, in such a way, so as to ensure that he: (1) understands thecharges, (2) can prepare a defense, (3) can avoid prejudicial surprise at trial, and (4) can be possiblebe 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 determinationas to whether a bill of particulars should be provided is within the discretion of the trial court. UnitedStates v. Butler, 822 F. 2d at 1194.

In the present case,xxxxxxx is charged in Count One of the above captioned indictment withConspiracy to Distribute 50 Grams or More of Cocaine Base in violation of 21 U.S.C. §846. CountOne alleges that the Conspiracy existed from "on or about September 30, 1992, to on or about January15, 1993." However, Count One fails to state any of the alleged overt acts necessary to support thegovernment's charge that a conspiracy existed and that xxxxxxx was involved in it. In addition, otherthan Count One, Mr. xxxxxxx's only other charges stem from transactions which allegedly occurredbetween January 8, 1993, and January 15, 1993 (Counts 20, 23, 28 and 32). Further, in all but the lastof the alleged transactions, Mr. xxxxxxx is charged alone. Therefore, the information sought by thisMotion For Bill Of Particulars is absolutely necessary to permit Mr. xxxxxxx to adequately prepare adefense 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


625 Indiana Avenue, N.W., Suite 550

Washington, DC 20004

(202) 2087500

CERTIFICATE OF SERVICE

I, W. Gregory Spencer, Assistant Federal Public Defender, hereby certify that I have served a copy ofthe attached Motion For Bill of Particulars and Memorandum of Law In Support Thereof uponCathleen Corken, Esquire, Assistant United States Attorney, by delivering a copy to box so designatedat the United States Courthouse for the use of the United States Attorney's Office, Judiciary CenterBuilding, 555 Fourth Street, N.W., Washington, DC 20001, and also upon cocounsel, ArchieNichols, Esquire; Thomas Abbenante, Esquire; and Ronald Goodbread, Esquire, by mail, postageprepaid, to their respective offices.

W. GREGORY SPENCER


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

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