U.S. v. Morones

Full title: UNITED STATES OF AMERICA, Plaintiff, v. 1. DANIEL ANDRES MORONES, Defendant

Court: United States District Court, D. Colorado

Date published: Oct 14, 2010

Criminal Case No. 09-cr-00261-JLK (D. Colo. Oct. 14, 2010)

Opinion

Criminal Case No. 09-cr-00261-JLK.

October 14, 2010

ORDER

JOHN KANE, Senior District Judge

This matter is before the Court on the United States's Motion to Amend Count 8 of the Second Superseding Indictment of the above-captioned case (doc. #126), filed October 14, 2010.

For the reasons stated below, the Government's motion is GRANTED.

1. Count 8 of the Second Superseding Indictment [Doc. No. 116] alleges the defendant assaulted a federal officer, with physical contact occurring during the assault.

2. The victim's first name in Count 8 is incorrectly spelled as "Michael." The correct spelling is "Micah." The Government has moved to amend Count 8 to reflect the correct spelling of the victim's first name.

3. The proposed amendment corrects a misnomer and typographical error. The amendment does not charge an additional or different offense, does not subject the defendant to double jeopardy, nor does it prejudice a substantial right of the defendant.

WHEREFORE, the Government's motion is GRANTED pursuant to Fed.R.Crim.P. 7(e). The name of the alleged victim in Count 8 of the Second Superseding Indictment, Document 116, shall be amended to read "Micah Morse", rather than "Michael Morse."

Dated this 14^th day of October, 2010.