U.S. v. Jaunich

Full title: United States of America, Plaintiff, v. Gregory Joseph Jaunich, Defendant

Court: United States District Court, D. Minnesota

Date published: Jan 8, 2008

Cr. File No. 07-328 (PAM/JSM) (D. Minn. Jan. 8, 2008)

Opinion

Cr. File No. 07-328 (PAM/JSM).

January 8, 2008

ORDER

PAUL MAGNUSON, District Judge

This matter is before the Court on Defendant's Appeal of an Order on non-dispositive pretrial Motions issued by Magistrate Judge Janie S. Mayeron on December 19, 2007. The statute requires the Court to review for clear error the decisions of a magistrate judge on non-dispositive matters. 28 U.S.C. § 636(b)(1)(A). Having conducted the required review, the Court grants in part and denies in part the appeal.

DISCUSSION A. Motion for Participation of Counsel in Voir Dire

B. Motion for Bill of Particulars

United States v. Hernandez299 F.3d 984990

The Magistrate Judge correctly found that Defendant is not entitled to a bill of particulars in this case. The Indictment and the discovery the Government provided are more than sufficient to allow Defendant to prepare for trial. See Indictment ¶ 10; Hernandez, 299 F.3d at 989-90 (noting that a bill of particulars is necessary "to enable [a defendant] to prepare for trial" when the indictment does not do so). Defendant's Appeal of this decision is denied.

CONCLUSION

For the foregoing reasons, and on the files, record, and proceedings herein, IT IS HEREBY ORDERED that:

1. Defendant's Appeal (Docket No. 41) is GRANTED in part and DENIED in part;

2. Defendant's Motion for Participation of Counsel in Voir Dire (Docket No. 22) is DENIED without prejudice; and

3. Defendant's Motion for a Bill of Particulars (Docket No. 24) is DENIED.