Summary
denying a request for a bill of particulars setting forth "the date of every crack sale by every defendant; the time of every crack sale by defendant; the location of every crack sale by every defendant; and the participants in every crack sale by every defendant, including unindicted co-conspirators" on the grounds that it was "a transparent attempt to obtain additional, detailed discovery about the charged conspiracy"
Summary of this case from United States v. CaveOpinion
94 Cr. 134 (JSR).
January 28, 2010
ORDER
In connection with defendant's resentencing hearing on December 2 and December 4, 2009 to determine whether the sentence imposed in this case should run concurrently or consecutively to the sentence imposed on the defendant in United States v. Esteban Gonzalez, 00 Cr. 447 (DLC), the Court concluded that a "Fatico" hearing was necessary to determine whether defendant was in knowing possession of a shank discovered in a search of the defendant's cell at USP Canaan on June 25, 2009. Although the matter is not by any means free from doubt, the Court on balance concludes that it is more likely than not that the defendant did knowingly possess the shank. Particularized reasons for that conclusion will be spelled out in a subsequent, more detailed memorandum, but the Court takes this opportunity to notify counsel of its conclusion in advance of tomorrow's final resentencing hearing. The Court further notes, however, that as a result of the "Fatico" hearing, the Court gained a fuller picture of this defendant's character and development that presents a more complicated picture than was presented to Judge Mukasey at the time of the defendant's prior sentencing, and that will factor into the Court's sentence as well.
SO ORDERED.