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UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NEW HAMPSHIRE
* * * * * * * * * * * * * * * * * * * * * * * * *
* ** UNITED STATES OF AMERICA*
* *
* v. * 07-CR-189
* *
* CIRINO GONZALEZ *
* *
* * * * * * * * * * * * * * * * * * * * * * * * *
MOTION FOR BILL OF PARTICULARS
NOW COMES the defendant, Cirino Gonzalez, by counsel, David H.
Bownes, and
respectfully requests that this Court order the government to
describe with particularity on which
firearm it relies in Count 5 of the Third Superceding Indictment
alleging Possession of a Firearm
in Connection with a Crime of Violence. 18 U.S.C. 924
(c)(1)(A)(I).
As grounds for this request it is stated:
1. The defendant is now charged with Conspiracy to Prevent
Officers of the United
States from Discharging Their Duties(18 U.S.C. 372) (Count 1);
Conspiracy to Commit
Offenses Against the United States (18 U.S.C. 371) (Count 2);
Accessory After the Fact (18
U.S.C. 3)(Count 5); and Carrying, Using and Possessing a Firearm
in Connection with a crime
of Violence 18 U.S.C. 924 (c)(1)(A)(I).
2. The new allegations in Count 5 describe possession from ...in
or around January
2007, through in or around September 2007, in the District of
New Hampshire and elsewhere . .
..
3. It is further alleged in 18 of the new indictment that Mr.
Gonzalez used and carried
one or more of the firearms referenced in s 10h, 10i, 10j, 10k,
10m, 10q, 10r and 10s as
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referenced in 10 alleging overt acts in the indictment.
4. The initial indictment returned in September of 2007
contained only the allegation
that Mr. Gonzalez about May 23rd of 2007 carried and possessed a
firearm in connection with a
crime of violence. That allegation was based upon an allegation
that Mr. Gonzalez, on or about
May 23, 2007 purchased a high powered .50 caliber rifle from a
firearms dealer in Newport, NH.
5. The Superceding Indictment brought in October of 2007
contained again specific
allegation that Mr. Gonzalez on or about May 23rd of 2007 in the
District of New Hampshire
possessed a firearm in connection with a crime of violence (See
19 & 20 of the Superceding
Indictment). The defendant has naturally and understandably
relied on that firearm as being the
substance of the 924 (c) charge against him.
6. There was a Second Superceding Indictment on which this
defendant was never
arraigned. That Indictment in Count 5 alleged that between May
23rd and September 12th of
2007, Mr. Gonzalez carried and possessed a firearm in connection
with a crime of violence.
7. The Third Superceding Indictment on which the defendant was
arraigned on January
17, 2008 contains new language referenced in 3 of his request
for a Bill of Particulars.
8. That firearm was in fact seized at the defendants home in
Alice, TX.
9. For purposes of understanding the charge against Mr. Gonzalez
it is understood that
they have alleged on count in violation of 924 (c) which carries
a term of imprisonment of not
less than 5 years.
10. The defendant should not be forced to guess which firearm
the government intends
to rely to secure a conviction for a 924 (c) violation.
11. It is well settled that the defendant is entitled to know
the precise nature of the
charge and certainly what the exact nature of the punishment is
in question. Apprendi v. New
Jersey, 530 U.S. 566; 120 Sup. Ct. 2348, 147 L.Ed. 435 (2000);
Ring v. Arizona, 536 U.S. 584,
122 S.Ct. 2428, 153 L.Ed 2d. 556 (2002); Blakely v. Washington,
124 S.Ct. 2531, 159 L.Ed. 2d.
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403 (2004).
12. Positions of the co-defendants have not been ascertained at
this time.
13. Counsel has spoken Arnold Huftalen, Assistant U.S. Attorney,
and he objects to this
request for a bill of particulars.
WHEREFORE the defendant requests that this Court the following
relief;
A. Order the government to specify with the degree of
specificity sufficient for
constitutional purposes the weapon in which it relies in seeking
a 18 U.S.C. 924 (c) conviction
against this defendant;
B. For such further relief as may be just.
Respectfully Submitted,
Cirino Gonzalez,
By His Attorney,
LAW OFFICE OF DAVID H. BOWNES, P.C.
Dated: January 18, 2008 /S/ David H. Bownes, Esq.
David H. Bownes, Esq.NH Bar No.: 277
486 Union Avenue
Laconia, NH 03246
(603) 524-4330
[email protected]
CERTIFICATION
I hereby certify that on this 18th day of January, 2008 that a
copy of the foregoing
Motion for Bill of Particulars been forwarded to Arnold
Huftalen, Esq., United States Attorneys
Office, Paul Garrity, Esq,, and to Stanley Norkunas, Esq. via
ECF and to Daniel Riley at the
Strafford House of Corrections via U.S. First Class Mail.
/S/ David H. Bownes, Esq.
David H. Bownes, Esq.
