United States v. Bruno

159 F. Supp. 3d 311, 2016 U.S. Dist. LEXIS 10314, 2016 WL 354750
CourtDistrict Court, E.D. New York
DecidedJanuary 28, 2016
Docket14-CR-556 (WFK)
StatusPublished

This text of 159 F. Supp. 3d 311 (United States v. Bruno) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bruno, 159 F. Supp. 3d 311, 2016 U.S. Dist. LEXIS 10314, 2016 WL 354750 (E.D.N.Y. 2016).

Opinion

DECISION AND ORDER

WILLIAM F. KUNTZ, II, United States District Judge

On August 12, 2015, Defendant Gennaro Bruno moved to dismiss several counts of his indictment, to inspect grand jury minutes, to compel discovery, and for a bill of particulars. The Court referred these motions to Magistrate Judge Vera M. Scanlon on August 18, 2015. On October 22, 2015, Magistrate Judge Scanlon held oral argument, during which Defendant withdrew his motion to compel discovery. On December 15, 2015, Magistrate Judge Scanlon issued a Report and Recommendation that recommended the Court deny Defendant’s remaining pretrial motions. On December 28, 2015, Defendant filed his objections to the Report and Recommendation, and on December 29, 2015, the Government filed its objections. After a de novo review of the record, the Court ADOPTS in part and REJECTS in part the recommendations contained in the Report and Recommendation. Defendant’s motions to dismiss, to inspect the grand jury minutes, and for a bill of particulars are DENIED.

BACKGROUND

The Court assumes familiarity with the underlying facts of this case, which are detailed in Magistrate Judge Scanlon’s excellent Report and Recommendation.

On October 16, 2014, Gennaro Bruno (“Defendant”) was indicted on fifteen counts in the Eastern District of New York (“EDNY”). ECFNo. 1 (“EDNY Indictment”). TheEDNY Indictment charged Defendant with racketeering; racketeering conspiracy; conspiracy to import marijuana; conspiracy to distribute marijuana; using, carrying, and possessing a firearm in connection with violent and drug trafficking crimes; causing the death of Martin Bosshart through the use of a firearm; murder of Martin Bosshart in aid of racketeering; murder and conspiracy to murder Martin Bosshart while engaged in narcotics trafficking; conspiracy and attempt to prevent testimony; conspiracy and attempt to prevent communication of information to a law enforcement officer; and conspiracy and attempt to obstruct an official proceeding. Id. ¶¶ 16-60.

Defendant is allegedly a member of the “Corozzo Faction within the Gambino organized crime family of La Cosa Nostra.” Id. ¶¶ 1, 15. The Gambino organized crime family operates through a specific hierarchy and structure, and at times includes internal factions centered around a specific person or purpose, such as the Corozzo Faction. Id. 16. The Gambino crime family occasionally recruits associates through “crews,” or “loosely structured bands of young men” that “operate [ ] under the control, or with the acquiescence, of the Gambino crime family.” Id. ¶ 8. These crews “d[o] not constitute lower levels of [314]*314authority within the Gambino crime family hierarchy and structure, but rather function[ ], at times, self-sufficiently and without oversight; consist[ ] of members, many of whom were not members or associates of the Gambino crime family; and exist[ ] outside of the Gambino crime family hierarchy and structure.” Id. One such crew was the “Young Guns,” which was based in Queens, New York and at times operated under the control of Ronald Trucchio, a member of the Gambino crime family. Id. ¶ 9. The Young Guns, however, “operat[ed] outside of and “was not a component of any faction of the Gambino crime family.” Id. Defendant was a member of the Young Guns in the 1990s, then after serving a prison term from 1997 to 2000, became an associate within the Corozzo Faction of the Gambino crime family. Id. ¶ 15.

In 2004, Defendant was charged in the Southern District of Florida (“SDFL”) in a one-count indictment for racketeering conspiracy. Def.’s Omnibus Mot. (“Def.’s Mot.”), Ex. B, ECF No. 53 (“SDFL Indictment”). The SDFL Indictment alleged that Defendant was a member of the “Young Guns,” a crew “operating under the control of the Gambino Organized Crime Family.” Id. ¶¶ 7-8. The SDFL racketeering conspiracy ran from approximately 1986 to 2004 with racketeering activities committed in the SDFL, New York City, and elsewhere. Id. ¶ 9. On December 16, 2004, Defendant pled guilty to the count of racketeering conspiracy in violation of 18 U.S.C. § 1962(d). Def.’s Mot., Ex. C (“SDFL Plea Agreement”) ¶ 1.

On August 12, 2015, Defendant moved, in an omnibus motion, to dismiss several counts of the EDNY Indictment, to inspect the grand jury minutes, to compel discovery, and for a bill of particulars. Def.’s Mot. At oral argument before Magistrate Judge Scanlon on October 22, 2015, Defendant withdrew his motion for discovery. ECF No. 69 (“Omnibus Motion Oral Argument”). On December 15, 2015, Magistrate Judge Scanlon filed a Report and Recommendation recommending that the Court deny the remainder of Defendant’s motions. ECF No. 73 (“R & R”). Defendant filed his Objections to the Report and Recommendations on December 28, 2015. ECF No. 75 (“Def.’s Objections”). The Government filed its Objections on December 29, 2015. ECF No. 76 (“Govt’s Objections”). After a de novo review of the record, the Court ADOPTS in part and REJECTS in part the recommendations contained in the Report and Recommendation as follows.

DISCUSSION

In reviewing a Report and Recommendation, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The Court must conduct a de novo review of any contested portions of the Report and Recommendation when a party makes specific objections to the magistrate judge’s findings. United States v. Simpson, 10-CR-836, 2012 WL 628497, at *1 (E.D.N.Y. Feb. 27, 2012) (Mauskopf, J.). When a party makes conclusory or general objections or reiterates the original arguments, the Court will review the Report and Recommendation for clear error. Id.

I. The Racketeering Charge Is Not Barred by Double Jeopardy

Defendant argues that Count One is barred by the Double Jeopardy Clause of the Fifth Amendment because it charges Defendant with racketeering conspiracy under 18 U.S.C. § 1962(d), to which Defendant pled guilty under the SDFL Indictment. Def.’s Mem. Supp. Omnibus Mot. 12-20, ECF No. 53 (“Def.’s Mem.”). The Double Jeopardy Clause “protects against both multiple punish[315]*315ments and successive prosecutions for the same offense.” United States v. Basciano, 599 F.3d 184, 196 (2d Cir.2010) (citing Schiro v. Farley, 510 U.S. 222, 229, 114 S.Ct. 783, 127 L.Ed.2d 47 (1994)). Successive prosecutions violate the Double Jeopardy Clause when the subjects of the prosecutions are ‘“the same in fact and in law.’” Id. (quoting United States v. Estrada, 320 F.3d 173, 180 (2d Cir.2003)).

When making a claim for double jeopardy, a defendant must first “make a colorable showing that the crimes are the same.” Id. at 197. The burden then shifts to the Government to show by a preponderance of the evidence that a person ‘“familiar with the totality of the facts and circumstances would not,

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Cite This Page — Counsel Stack

Bluebook (online)
159 F. Supp. 3d 311, 2016 U.S. Dist. LEXIS 10314, 2016 WL 354750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bruno-nyed-2016.