Académique Documents
Professionnel Documents
Culture Documents
____________________
No. 95-1131
Appellee,
v.
JOS
Defendant, Appellant.
____________________
[Hon. Jos
____________________
Before
____________________
Jos A. Pagan Nieves, with whom Jos A. Pagan Nieves Law Offic
____________________
______________________________
was on brief for appellant.
Juan A. Pedrosa, Assistant United States Attorney, with whom
_______________
____________________
August 6, 1996
____________________
Per Curiam.
Per Curiam.
___________
appeals his
conviction and
846.
Jos
Finding
Negron
Gil
sentence for
to distribute, see
___
de
Rubio
("Negron")
conspiring to
21 U.S.C.
possess
841(a)(1),
all respects.
Negron
rejecting his
motion
for a
bill
of particulars,
erred in
because
the
eighteen-month conspiracy
cocaine.
It named all
to possess
28 indicted coconspirators,
with intent
witnesses.2
to distribute
but omitted
of discretion.
United States
_____________
the
present context,
defendant
that the
other prejudice
Hallock, 941 F.2d
_______
v. Sepulveda,
_________
a demonstration
resulted in
a "substantial
prejudice at
right."
hereby incorpo-
From
on or about
including May
September 1991, up
of 1993,
in
to and
the District
of
. . the
trial, or
v.
allegations are
by the
United States
______________
The general
15 F.3d
denial
to
others to
and
confederate,
intentionally
and agree
know-
combine, conspire,
together, with
each
the
indictment
constituting
substantially
described
the
Crim. P. 7(c)(1).
(1st Cir.
Compare
_______
1991).
essential
facts
meaning of Fed. R.
429 F.2d
location
offense).
of
crime may
be
The government
needed when
charging
date and
a substantive
and locations" of all overt acts, Hallock, 941 F.2d at 40-41; see
_______
___
United States v. Paiva, 892 F.2d 148, 155 (1st Cir. 1989), absent
_____________
_____
additional
detail
to enable
an
accused to
mount
an adequate
____________________
to the
the
a Schedule
II
narcotic drug
con-
of Title 21,
Object of the
of
the
conspiracy
that
object
codefendants
and
the purpose
of
Overt Acts
none of
[Indictment lists 44
overt acts,
Negron] in-
clude:
3.
The cocaine
loads were
and safeguarded by
usually retained
members of the
organiza-
tion.
. . . .
5.
defense,
F.2d at 40.
There is no basis
at trial.
for concluding
hamper
forfending against
double jeopardy.
have
of full
the
benefit
ordered that
Negron be
These
opportunities
but
discovery
resources
to inform himself
did he
the district
trial.
discovery,
afforded
of the evidence
to the
court
four
government at
Negron
adequate
the government
factual
Negron has
neither provided a
conclusory alibi-defense
claim, nor
indicated a basis for the claim that any vagueness in the present
Burgos, 44 F.3d
______
in the past.
v. Ramirez________
omitted) ("The
second prosecu-
and (ii)
multiple punishments
States v.
______
112 S.
for the
same offense.");
United
______
cert. denied,
_____ ______
Negron has
neither
precisely defines
an alibi
nor
demonstrates that
the
present
conspiracy
Moreover, since
to
charge
is barred
by
apprise Negron
of the
criminal
any
prior acquittal.
sufficient information
conduct with
which he
was
charged,
he was
neither prejudiced
nor
unfairly surprised
at
coconspirators, each
conspiracy.
Their
insufficient
of whom
tied Negron
directly to the
same
United States
_____________
Negron
denying
evidence.
tive
his motion
The
for
new
trial
based
on
newly-discovered
averment by
cooperating
witness
that Negron
a puta-
did
not
participate in
mark, if for
F.2d
302, 313
(1992);
(1st
see also
___ ____
Cir.
of the
1991), cert.
_____
United States
______________
denied,
______
v. Tibolt,
______
72
502 U.S.
1079
F.3d 965,
972
(1995).
ion relied on
at sentencing.
As there
of
cocaine found by
clear error.
Cir. 1993).
kilograms
____________________
1995), in order
58 F.3d
to determine whether a
754, 773
rational jury
Finally,
absent
showing
of
any
error,
Negron's
Affirmed.
Affirmed
________