United States v. Higdon

68 F. Supp. 3d 807, 2014 U.S. Dist. LEXIS 174788, 2014 WL 7272341
CourtDistrict Court, E.D. Tennessee
DecidedDecember 17, 2014
DocketNo. 3:14-CR-85
StatusPublished

This text of 68 F. Supp. 3d 807 (United States v. Higdon) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Higdon, 68 F. Supp. 3d 807, 2014 U.S. Dist. LEXIS 174788, 2014 WL 7272341 (E.D. Tenn. 2014).

Opinion

MEMORANDUM AND ORDER

C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge.

All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This case came before the Court on four motions by Defendant Jill Higdon:

(1) Motion to Sever Defendant [Doc. 140], filed on August 25, 2014;
(2) Motion for Disclosure of Eyewitness-Participants [Doc. 141], filed on August 25, 2014;
(3) Motion for Disclosure of All Statements which the Government Will Seek to Attribute to the Defendant [Doc. 142], filed on August 25, 2014; and
(4) Motion for Bill of Particulars [Doc. 204], filed on October 13, 2014.

The parties appeared before the undersigned on September 12, 2014, for a scheduled pretrial conference and motion hearing. Assistant United States Attorney Caryn L. Hebets appeared on behalf of the Government. Attorney Michael P. McGovern represented Defendant Higdon, whom the Court had excused [Doc. 171] from attending the hearing. At that time, the Court heard argument on the Motion for Disclosure of Eyewitness-Participants and the Motion for Disclosure of All Statements. The Court continued the trial, set a new motion deadline, and scheduled a second motion hearing.

[810]*810On November 10, 2014, the parties again appeared before the undersigned. AUSA Hebets represented the United States. Mr. McGovern and Attorney Page A. Pate appeared on behalf of Defendant Higdon, who was also present. At the beginning of the hearing, Mr. McGovern informed the Court that the Defendant wanted to withdraw the Motion to Sever Defendant. The Defendant’s request is GRANTED, and the Motion to Sever Defendant [Doc. 140] is WITHDRAWN. The Court heard the parties’ arguments on the Motion for Bill of Particulars and received additional argument on the two motions for disclosure. At the conclusion of the hearing, the Court took the motions under advisement. For the reasons stated below, the Court finds that the Defendant’s requests for a bill of particulars and the statements of cocon-spirators must be denied. The Defendant’s request for the identity of eyewitness participants is granted.

I. ANALYSIS

Defendant Higdon is charged [Doc. 4] along with twenty-one other named cocon-spirators with conspiring to manufacture fifty grams or more of methamphetamine from January 2008 to July 15, 2014 (Count One) and with conspiring with ten named coconspirators to distribute fifty grams or more of methamphetamine from January 2008 to July 15, 2014 (Count Two). She is also charged with possession of the equipment and materials for methamphetamine production during that same time frame, while knowing, intending, and reasonably believing that this equipment and these materials would be used to manufacture methamphetamine (Count 5). She asks the Court to order the Government to produce a bill of particulars, specifying the details of her alleged participation in the conspiracy and to disclose the identity of any eyewitnesses to the alleged offenses who participated therein and the existence and content of any statements of cocon-spirators that the Government will seek to attribute to her. The Court will look at each of these issues in turn.

A. Bill of Particulars

The Defendant moves [Doc. 204] the Court to order the Government to file a bill of particulars with regard to Counts One, Two, and Five of the Indictment, specifying the following:

As to Counts One and Two,
(1) When the Defendant entered the conspiracy and the duration of her participation;
(2) The exact date, time, and location of overt acts that the Defendant is alleged to have committed in furtherance of the conspiracy; and
(3) The identities of all charged and uncharged coconspirators with whom the Defendant is alleged to have interacted during the overt acts.
As to Count Five,
(4) The type of equipment, chemicals, or products the Defendant is alleged to have possessed;
(5) The exact date, time, and location at which the Defendant is alleged to have possessed equipment, chemicals, or products used to make methamphetamine.

The Defendant contends that the conspiracies alleged in the Indictment span more than six years and that the charges are devoid of any dates, times, or locations of overt acts. She argues that due process of law requires the requested particularization in order to minimize surprise and to permit her to prepare her defense to the charges.

The Government responds [Doc. 208] that the discovery provided to the Defendant, along with the testimony of the case agent at the detention hearing, provide much of the’ information that the Defen[811]*811dant requests. Additionally, the Government contends that the Assistant United States Attorney has had conversations with defense counsel regarding the Defendant’s role in the conspiracy and the evidence pertaining to her. Finally, the Government states that revealing the names of unindicted coconspirators would compromise an ongoing investigation.

Federal Rule of Criminal Procedure 7(f) states that “[t]he court may direct the government to file a bill of particulars” and that “[t]he government may amend a bill of particulars subject to such conditions as justice requires.” “A bill of particulars is meant to be used as a tool to minimize surprise and assist defendant in obtaining the information needed to prepare a defense and to preclude a second prosecution for the same crimes. It is not meant as a tool for the defense to obtain detailed disclosure of all evidence held by the government before trial.” United States v. Salisbury, 983 F.2d 1369, 1375 (6th Cir.1993). The granting of a bill of particulars is within the court’s discretion. See id. (holding that the appellate court reviews the denial of a bill of particulars for an abuse of discretion). The level of detail in the indictment can be a basis for denying the motion for a bill of particulars. Id. Additionally, “a defendant is not entitled to a bill of particulars with respect to information which is available through other sources.” United States v. Paulino, 935 F.2d 739, 750 (6th Cir.1991), superseded on other gnds. by stat., United States v. Caseslorente, 220 F.3d 727 (6th Cir.2000) (on sentencing issue).

(1) Date of Entry into and Duration of Participation in Conspiracies

The Defendant asks the Court to order the Government to specify the date or dates that she allegedly joined the conspiracies alleged in Counts One and Two. The Defendant also seeks to know the duration of her alleged participation in the two conspiracies.

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Cite This Page — Counsel Stack

Bluebook (online)
68 F. Supp. 3d 807, 2014 U.S. Dist. LEXIS 174788, 2014 WL 7272341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-higdon-tned-2014.