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United States v. Gould

United States District Court, E.D. Wisconsin

January 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
GORDON GOULD, Defendant.

          ORDER ON DEFENDANT'S MOTIONS FOR BILL OF PARTICULARS, FOR IMMEDIATE DISLOSURE OF CONFIDENTIAL INFORMANT'S IDENTITY, AND FOR SANTIAGO PROFFER

          NANCY JOSEPH United States Magistrate Judge

         On December 6, 2016, a grand jury sitting in the Eastern District of Wisconsin returned a seven count superseding indictment against Gordon Gould. (Docket # 14.) Gould is charged in Count One with conspiracy to distribute cocaine and marijuana, in violation of 21 U.S.C. § 846 and 841(b)(1)(B). The conspiracy is alleged to have occurred between December 2008 and December 2012. Counts Two through Seven allege specific instances of distributing marijuana between August 29, 2013 and July 14, 2016. (Id.) Gould was arraigned on the charges and entered a plea of not guilty. Jury trial before the Honorable Pamela Pepper will be scheduled after resolution of pretrial motions.

         Currently before me are three pretrial motions. First, Gould has moved for a bill of particulars in relation to Count One of the superseding indictment. (Docket # 20.) Second, Gould has requested immediate disclosure of the identity of an informant the government intends to call as a witness at trial. (Docket # 21.) Third, Gould moves for a Santiago proffer. (Docket # 22.) The government opposes all three motions. The motions have been fully briefed and are ready for resolution. For the reasons explained below, it is ordered that Gould's motion for a bill of particulars is denied. Further, it is ordered that Gould's motion for immediate disclosure of the identity of the informant witness is granted. Finally, I will defer ruling on Gould's motion for a Santiago proffer.

         ANALYSIS

         Motion for Bill of Particulars (Docket # 20)

         Gould moves for a bill of particulars in relation to Count One of the superseding indictment which reads as follows:

1. Beginning by at least December 2008, and continuing until on or about December 2012, in the State and Eastern District of Wisconsin and elsewhere,
GORDON F. GOULD,
a/k/a “Gordy, ” a/k/a “Sluggo, ”
knowingly and intentionally conspired with persons known and unknown to the grand jury, to possess with the intent to distribute and to distribute a mixture and substance containing a detectable amount of a controlled substance, in violation of Title 21, United States Code, Section 841(a)(1).
2. The conspiracy attributable to the defendant as a result of his own conduct and the conduct of other conspirators reasonably foreseeable to him is a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance, and more than 100 kilograms of marijuana, a Schedule I controlled substance.
All in violation of Title 21, Untied States Code, Sections 846 and 841(b)(1)(B).

(Docket # 14 at 1.)

         Federal Rule of Criminal Procedure 7(f) authorizes the court to order the filing of a bill of particulars to fill in facts in the indictment so that the defendant can prepare an adequate defense. See Fed. R. Crim. P. 7(f); United States v. Kendall, 665 F.2d 126, 134 (7th Cir. 1981). A bill of particulars is “a more specific expression of the activities the defendant is accused of having engaged in which are illegal.” United States v. Canino, 949 F.2d 928, 949 (7th Cir.1991). A bill of particulars is required ...


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