AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

UNITED STATES OF AMERICA v. ANTONIO GUZMAN-PLATON ZENAIDO GUZMAN-PLATON, Defendants.

ORDER AND OPINION

NORMAN MOON, District Judge

This matter is before the Court on the Defendants' motion for a bill of particulars and in camera review regarding the conflict of interest inquiry. Defendant Antonio Guzman-Platon filed this motion on May 31, 2006 and Defendant Zenaido Guzman-Platon joined in the motion on June 1, 2006. For the following reasons, this motion is GRANTED IN PART and DENIED IN PART.

Defendants ask that the government be ordered to furnish a bill of particulars detailing who the government alleges is paying defense counsel's fee. Grant or denial of a bill of particulars is within the discretion of the district court. The purpose of a bill of particulars is to enable a defendant to obtain sufficient information regarding the charges to allow him to prepare for trial and to minimize the chance of surprise. Fed.R.Crim.P. 7(f); U.S. v. Schembari, 484 F.2d 931, 934 (4th Cir. 1973). A bill of particulars, in other words, exists to provide specific information about the indictment and is thus not appropriate under the circumstances sought by the defendants.

Nonetheless, the Court is aware of the importance of resolving the potential conflict of interest issue as soon as possible. Therefore, the Court grants the defendants' motion to submit affidavits to the Court for in camera review. Defendants are directed to submit these affidavits on or before Thursday, June 8, 2006. The Court will review these affidavits and take any evidence the parties wish to offer on this issue at the suppression hearing on Friday, June 9, 2006.

It is so ORDERED.

The Clerk of the Court is directed to send a certified copy of this Order to all counsel of record.

Use AI to get other relevant cases.

Comments

U.S. v. GUZMAN-PLATON
(Jun 5, 2006)